Attempting to Pervert the Course of Justice in Driving Offences

Attempting to pervert the course of justice is one of the most serious criminal offences in the UK and can arise in various contexts, particularly involving driving offences.

This charge typically occurs when the police believe that an individual has intentionally provided false information to avoid prosecution, most commonly in situations where a defendant lies about who was driving a vehicle at the time of an offence to avoid penalty points, fines, or a driving ban.

This offence is classified as an indictable-only offence, meaning it is dealt with in the Crown Court. It carries severe consequences, including a significant risk of imprisonment, even for first-time offenders. At Allen Hoole Solicitors, our team of highly experienced solicitor advocates has successfully defended clients facing such serious allegations. Being the largest criminal defence firm in the South West of England, we have the expertise and resources to provide the best possible defence.

The Law on Attempting to Pervert the Course of Justice

The offence of attempting to pervert the course of justice is defined as any act that deliberately:

1. Interferes with or obstructs the administration of justice.
2. Is done with the intent to mislead the authorities or judicial system.

In the context of driving offences, this often involves:

• Providing false information to the police about who was driving the vehicle at the time of a speeding or traffic violation.
• Falsely claiming that someone else was behind the wheel to avoid accumulating penalty points or being disqualified from driving.

If a person is found to have lied to the police or in court to avoid punishment, the offence of attempting to pervert the course of justice can be charged. The courts take this offence extremely seriously, as it directly undermines the integrity of the judicial system.

Penalties for Attempting to Pervert the Course of Justice

Attempting to pervert the course of justice is considered a grave offence in the UK legal system, as it attacks the core of justice. The penalties for this offence can be severe, and the offence almost always leads to:

• A custodial sentence: A prison sentence of between six months to two years is typical, although longer sentences can be imposed in more serious cases.
• A criminal record that can have long-term consequences, including difficulty securing employment, especially in regulated professions.

In cases of driving offences, such as falsely nominating another driver, courts are particularly keen to deter this behaviour by imposing harsh penalties.

Available Defences for Attempting to Pervert the Course of Justice

Despite the seriousness of this offence, there are several possible defences depending on the circumstances of the case. At Allen Hoole Solicitors, we carefully assess each case to determine the most effective defence strategy. Some available defences include:

Lack of Intent

One of the critical elements the prosecution must prove is that the defendant intended to pervert the course of justice. If it can be demonstrated that the defendant made an honest mistake in identifying the driver or did not intend to mislead the authorities, this may provide a defence. For example, where a genuine misunderstanding occurred between family members or friends, we could argue that there was no deliberate attempt to deceive.

Duress or Coercion

In some cases, individuals may be forced or pressured into providing false information by another person. If the defendant can show that they acted under duress, they may be able to avoid conviction. This could involve a situation where someone felt threatened or coerced into lying about who was driving the vehicle.

Procedural Failures

If the police or prosecution fail to follow the correct legal procedures, the case against the defendant may be weakened. We can scrutinise every aspect of the investigation to identify procedural errors that could lead to a successful defence.

Inconsistent Evidence

The prosecution must prove beyond a reasonable doubt that the defendant intended to pervert the course of justice. If there are inconsistencies in the evidence or if the prosecution’s case is weak, it may be possible to secure an acquittal.

Why Legal Representation is Crucial

Given the severe consequences associated with this offence, having expert legal representation is essential. Attempting to pervert the course of justice carries a high likelihood of a prison sentence, making it crucial to have a robust defence strategy.

At Allen Hoole Solicitors, we have a team of solicitor advocates who specialise in defending clients against serious criminal charges. Our expertise, combined with access to specialist barristers, allows us to provide our clients with comprehensive legal representation. We have extensive experience in challenging the evidence presented by the prosecution, identifying any procedural issues, and securing the best possible outcomes for our clients.

Conclusion

Attempting to pervert the course of justice is a serious offence, particularly in the context of driving offences. If you are facing this charge, it is essential to seek expert legal advice as soon as possible. Allen Hoole Solicitors is the largest criminal defence firm in the South West of England, and our team of highly experienced solicitor advocates is here to help. With our expertise, we can guide you through the legal process, build a strong defence, and work towards securing the best possible result.

If you or someone you know is facing a charge of attempting to pervert the course of justice, contact Allen Hoole Solicitors today for expert legal advice and representation.