New sentencing guidance proposed for perverting the course of justice and witness intimidation
Proposed new sentencing guidelines for perverting the course of justice and revised guidelines for witness intimidation in England and Wales were published for consultation today (March 30) by the Sentencing Council.
Under the proposed guidance, which apply to adult offenders, judges and magistrates will for the first time have comprehensive guidelines to sentence these two offences.
Currently, there are no guidelines for perverting the course of justice, which can potentially “derail” police criminal investigations, and only limited guidance in the magistrates’ courts for witness intimidation. The aim of the new guidelines, which reflect current sentencing practice, is to enable the courts to take a consistent approach to sentencing these offences.
Sentencing Council member, Mrs Justice Juliet May, said: “Perverting the course of justice and witness intimidation are serious offences that strike at the heart of justice: they can delay or even derail criminal investigations; they can cast suspicion on innocent people; and victims and witnesses can feel too scared to make a complaint about a crime they have suffered, or have witnessed.
“These offences can waste police and courts’ time and cause people wrongly accused of crimes to potentially lose their freedom or suffer reputational damage.
“In cases of witness intimidation, witnesses can be so terrified they withdraw from proceedings and criminality goes unpunished.”
Perverting the course of justice offences cover a wide range of conduct, from giving false information to police officers at a traffic stop, so avoiding prosecution, to fabricating evidence designed to incriminate an innocent person.
The Sentencing Council says conduct of this kind can hinder or frustrate the work of the police, the prosecution and the courts, which can add to the cost of justice. It can also, potentially, lead to victims being sent to prison wrongly or suffering reputational damage.
Witness intimidation offences include pressuring witnesses to withdraw allegations or witness statements, or not to give evidence in court. This could result in victims and their families fearing to give evidence because of actual violence or threats of violence, causing physical harm or mental distress.
In 2020, around 400 offenders were sentenced for perverting the course of justice under common law, while around 180 offenders were sentenced for witness intimidation.
The consultation runs until June 22.