Cecily Zamora
Perjury is a criminal offence that carries serious consequences. It occurs when a witness or defendant lies while giving evidence under oath about an ongoing court case. Perjury is a statutory offence in England and Wales, with those found guilty facing imprisonment for up to seven years, a fine, or both. The Perjury Act 1911 defines the offence, requiring proof that the individual was a lawfully sworn witness or interpreter, wilfully made a false statement, and knew it was false or did not believe it to be true. The impact of perjury can be significant, potentially affecting case outcomes and leading to miscarriages of justice. Prosecution for perjury is selective and often depends on the circumstances and the impact on the case.
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What You'll Learn
Perjury Act 1911
Perjury is a statutory offence in England and Wales, created by the Perjury Act 1911 (1 & 2 Geo. 5. c. 6). The Act defines perjury as a person "lawfully sworn as a witness or as an interpreter in a judicial proceeding wilfully mak[ing] a statement material in that proceeding, which he knows to be false or does not believe to be true".
The Act specifies that those found guilty of perjury may be liable to penal servitude for up to seven years, imprisonment for up to two years, a fine, or a combination of these penalties. The act also states that a person shall not be convicted solely on the evidence of one witness testifying to the falsity of a statement.
The Perjury Act 1911 applies to any "judicial proceeding", which includes proceedings before any court, tribunal, or person with the legal power to hear, receive, and examine evidence under oath. This means that perjury can be committed during legal proceedings, even if the person has not been officially sworn in as a witness.
Perjury is considered a serious offence as it can undermine the justice system and lead to miscarriages of justice. In addition to legal consequences, perjury can also impact an individual's ability to obtain employment or security clearance due to a conviction for a crime of dishonesty.
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Mens rea and actus reus
Perjury is a statutory offence in England and Wales, created by section 1(1) of the Perjury Act 1911. It is considered a serious offence as it can usurp the power of the courts, resulting in miscarriages of justice. To be convicted of perjury, one must have had the intention (mens rea) to commit the act and have actually committed the act (actus reus).
Mens rea, which translates to "guilty mind" in Latin, is the mental state of a defendant who is accused of committing a crime. It is often described as the "mental element" in a crime and can include conscious planning or intent, as well as something less deliberate, such as recklessness or negligence. In the context of perjury, mens rea refers to the intention to mislead the court by making a false statement or affirmation.
Actus reus, on the other hand, is the physical act of committing a crime. It refers to the external or observable elements of a crime, such as an action, omission, or possession of an illegal substance. In the case of perjury, the actus reus would be the physical act of swearing a false oath or making a false statement.
To establish criminal liability, the prosecution must prove both actus reus and mens rea. In other words, they must demonstrate that the accused committed the physical act of perjury (actus reus) and had the intention to do so (mens rea).
It is important to note that there are exceptions to the requirement of mens rea. Some crimes are considered strict liability offences, where the prosecution does not need to prove the defendant's mental competence at the time of the crime. Additionally, motive typically does not affect liability but may be considered during sentencing.
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Defences to perjury
Perjury is a serious offence in the UK, as it undermines the court system and results in a waste of police time and resources. It is defined as the intentional act of swearing a false oath or intentionally telling an untruth during a legal proceeding.
To be convicted of perjury, one must have had the intention to commit the act and have actually committed it. However, there are defences available to those accused of perjury. Firstly, a person may argue that they were unaware that what they were saying was untrue. This defence can be supported by demonstrating honest but mistaken beliefs or inaccurate recollections about certain facts. Additionally, statements that are factual cannot be considered perjury, even if they constitute an omission, and lying about matters immaterial to the legal proceeding is not perjury.
Furthermore, in some jurisdictions, there is no crime committed if a false statement is made unintentionally while under oath. Instead, criminal liability attaches only when the declarant falsely asserts the truth of statements that are material to the outcome of the proceeding. For example, lying about one's age is not perjury unless it influences the legal result, such as eligibility for benefits.
It is important to note that the defences to perjury may vary depending on the specific jurisdiction and the circumstances of the case. If accused of perjury, it is crucial to seek legal representation to understand the available defences and protect one's rights.
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Perjury in other countries
Perjury is a serious offence not only in the UK but also in many other countries. While the specific definitions and penalties may vary, the act of perjury is generally recognised as a criminal act worldwide. Here is an overview of how perjury is treated in some other countries:
United States:
In the United States, perjury is defined as "the act of willfully and knowingly making a false, material statement under oath". This applies to statements made in court proceedings, as well as in any other matter where an oath is required by law. The penalty for perjury in the US can include fines and/or imprisonment of up to five years. Additionally, those convicted of perjury may face social and professional repercussions, including the loss of certain civil rights, such as the right to hold public office or serve on a jury.
Canada:
In Canada, perjury is a criminal offence under the Criminal Code. It is defined as making a false statement under oath or solemn affirmation, either knowing it to be false or not believing it to be true. The maximum penalty for perjury in Canada is fourteen years of imprisonment. Additionally, those found guilty of perjury may also face additional charges if their false statement resulted in any financial or material benefits.
Australia:
Perjury is a criminal offence in Australia and is defined by both common law and statutory provisions. Under Section 227 of the Criminal Code Act 1995, a person is guilty of perjury if they make a statement under oath or affirmation that they know is false or believe to be false. The maximum penalty varies depending on the state or territory, but it can include significant terms of imprisonment.
Germany:
In Germany, perjury is covered under Section 154 of the Criminal Code, which deals with "false testimony and false affirmation". The law states that anyone who, as a witness or expert, makes a false statement under oath or affirmation can be punished with imprisonment of between three months and five years. If the false statement was made unintentionally, the penalty is a fine or imprisonment of up to one year.
India:
Perjury in India is addressed under Section 191 to 196 of the Indian Penal Code. It defines perjury as giving false evidence, fabricating false evidence, giving false statements to public servants, and using false evidence with the intention to mislead. The punishment for perjury varies depending on the specific offence but can include imprisonment and/or fines.
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Perjury in court
Perjury is a serious offence, as it can usurp the power of the courts and result in miscarriages of justice. Perjury is defined under the Perjury Act 1911 as a statutory offence in England and Wales. It is committed when a witness or defendant lies while giving evidence under oath about an ongoing court case. The prosecution must prove that the individual was a lawfully sworn witness or interpreter in a judicial proceeding, and that they wilfully made a material statement which they knew to be false or did not believe to be true.
All of these elements must be proven for an offence to be committed; a lie, in and of itself, is not enough for someone to be found guilty of perjury. The Perjury Act 1911 defines judicial proceedings as a proceeding before any court, tribunal, or person having the legal power to hear, receive, and examine evidence under oath. This includes proceedings outside of England, in other parts of His Majesty's dominions, or in a British tribunal at sea.
The punishment for perjury in the UK may include imprisonment for up to seven years, probation, or paying fines to the court. Perjury can also interfere with an individual's ability to obtain employment or security clearance, as they will have a conviction for a crime of dishonesty on their record. The consequences of perjury are considered very serious, as it wastes police time and resources.
It is important to note that perjury charges are selective and depend on the circumstances and the impact of the perjury. Prosecution generally focuses on criminal proceedings where perjury may risk someone's liberty or result in a guilty person walking free. If a prosecution witness lied to protect their interests and it did not affect the defendant's case, they are unlikely to be charged. However, if the perjury results in a wrongful conviction, the witness is more likely to be pursued and may face a severe sentence if the harm caused justifies it.
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Frequently asked questions
Perjury is lying under oath in a court of law. It is a very serious crime in the UK.
The punishment for perjury may include prison time, probation, or paying fines to the court. It can also interfere with one's ability to get employment or security clearance.
The maximum custodial sentence for perjury is 7 years.
The Perjury Act 1911 is an act of the Parliament of the United Kingdom that creates the offence of perjury and similar offences.
If you are accused of perjury, it is important to seek legal advice as soon as possible. You may also exercise your right to remain silent until a lawyer arrives to advise you.
