header-logo header-logo

31 March 2022
Issue: 7973 / Categories: Legal News , Procedure & practice , Criminal
printer mail-detail

Witness intimidation guidelines issued

The Sentencing Council has proposed its first set of guidelines for the offences of perverting the course of justice and witness intimidation

The Sentencing Council has proposed its first set of guidelines for the offences of perverting the course of justice and witness intimidation.

Currently, there are no guidelines for perverting the course of justice and only limited guidance in the magistrates’ courts for witness intimidation. The Council decided not to include perjury, contempt of court and assisting an offender as incidents of these are relatively low (only five people were sentenced for perjury in 2020, 20 for contempt and 40 for assisting an offender).

It proposed sentences ranging from a community order to between two and seven years of custody for perverting the course of justice, depending on levels of harm and culpability. For witness intimidation, it proposed a range from a community order up to four years in prison.

In 2020, about 400 people were sentenced for perverting the course of justice. The common law offence, which is indictable only, currently has a maximum penalty of life imprisonment. The offence includes giving false information to police officers at a traffic stop, so avoiding prosecution, to fabricating evidence designed to incriminate an innocent person. 

About 180 people were sentenced in 2020 for witness intimidation, under the Criminal Justice and Public Order Act 1994, an offence which includes pressuring witnesses to withdraw allegations or witness statements or not to give evidence in court.

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.’

The 12-week Sentencing Council consultation, which can be found here, ends on 22 June.
Issue: 7973 / Categories: Legal News , Procedure & practice , Criminal
printer mail-details

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
back-to-top-scroll