Perverting the Course of Justice: Defence Solicitors (England and Wales)
Perverting the course of justice is one of the most serious offences in the criminal law of England and Wales, and a charge almost always means a Crown Court trial and the real prospect of prison. It is often charged after something that can feel minor at the time, such as telling the police someone else was driving, giving a false name, or asking a friend to back up an account. If you are under investigation or have already been charged, the decisions you make in the first few days matter.
Allen Hoole defends people accused of perverting the course of justice across the South West and nationally, and this page explains the law, the likely sentence, and the defences that may be open to you.
In brief: Perverting the course of justice is a common law offence in England and Wales. It is committed when a person does an act that has a tendency to, and is intended to, interfere with the administration of justice. Common examples include lying about who was driving, making a false statement to the police, fabricating or destroying evidence, and intimidating a witness. It is an indictable-only offence, tried in the Crown Court, and it carries a maximum sentence of life imprisonment.
What is perverting the course of justice?
Perverting the course of justice, sometimes charged as attempting to pervert the course of justice, is a common law offence rather than one set out in a single statute. To secure a conviction, the prosecution must prove three things: that you did an act (or a series of acts); that the act had a tendency to pervert the course of justice; and that you intended it to do so. A "course of justice" must already exist or be likely to follow, for example, once an investigation has begun or could reasonably be expected to begin.
You do not have to succeed in derailing a case to be guilty. The offence is complete once an act intended to interfere with justice has been carried out, even if it changes nothing. That is why people are sometimes surprised to be charged with such a serious offence over what they saw as a quick attempt to avoid a penalty.
Crown Prosecution Service guidance on public justice offences sets out how prosecutors approach these cases and when a perverting charge is preferred over a lesser offence.
Perverting the course of justice in driving cases
Many perverting the course of justice charges begin with a motoring matter. The most common scenario is a false response to a request for driver details. When a vehicle is caught speeding or committing another offence, the registered keeper receives a notice under section 172 of the Road Traffic Act 1988 asking who was driving. Naming the wrong person to avoid points, or persuading someone else to accept the points, can turn a three-point speeding ticket into a Crown Court prosecution.
Other driving-related examples include giving false details after a collision, providing a false identity at the roadside, or arranging for another person to sit a driving test or provide a specimen. If you are facing any of these allegations, our road traffic offence solicitors can advise on whether the conduct really meets the threshold for perverting the course of justice or whether a lesser charge is more appropriate.
Speak to a specialist today. Call Allen Hoole or request a call back for confidential advice on a driving-related perverting the course of justice charge.
What is the sentence for perverting the course of justice?
The maximum sentence for perverting the course of justice is life imprisonment, although sentences of that length are reserved for the most serious cases. In practice, because the offence strikes at the heart of the justice system, the courts almost always impose an immediate custodial sentence, even for a first offence and even where the underlying matter was minor.
The 2023 Sentencing Council guideline
A dedicated Sentencing Council guideline for perverting the course of justice came into force in England and Wales in October 2023. It directs judges to assess culpability and harm, then work from a starting point within a defined sentencing range before adjusting for aggravating and mitigating factors. Higher culpability includes sustained or sophisticated conduct, while harm is judged by the impact on the investigation or proceedings.
- Culpability A (highest) drives the harshest sentences: starting points range from 1 year's custody (Category 3 harm) up to 4 years' custody (Category 1 harm), with category ranges stretching as high as 2–7 years' custody for Category 1/Culpability A cases.
- Culpability B sits in the middle: starting points run from 9 months' custody (Category 3) to 2 years' custody (Category 1), with ranges spanning 6 months' custody up to 4 years' custody depending on harm category.
- Culpability C (lowest) allows for the least severe outcomes: starting points range from 6 months' custody (Category 3) to 1 year's custody (Category 1), and the lowest possible range – for Category 3 harm and Culpability C – starts as low as a high level community order, up to 9 months' custody.
For more information, please see the Sentencing Council guidelines for perverting the course of justice.
First offence and mitigating factors
A first offence does not mean you will avoid prison, but it is relevant. Genuine remorse, an early guilty plea, a single impulsive act, personal mitigation, and a limited impact on the investigation can all reduce the sentence and, in some cases, persuade a court to suspend it. The earlier specialist representation is involved, the more scope there is to build that mitigation properly and to challenge the prosecution's view of culpability and harm.
Defences to a charge of perverting the course of justice
Every case turns on its facts, but the following defences are commonly available and worth exploring with a solicitor.
Lack of intent
Intention is central to this offence. If you did not intend to interfere with the course of justice, for example, where a statement was a genuine mistake, a misunderstanding, or an honest error rather than a deliberate attempt to mislead, the prosecution may not be able to prove its case.
Duress or coercion
If you acted because you were threatened or placed under serious pressure by another person, duress may provide a defence. This often arises where someone is pressured into accepting points or making a false statement to protect a partner, employer, or family member.
Procedural failures
The way evidence is gathered matters. Breaches of procedure, unlawfully obtained evidence, or failures in how the investigation was conducted can render key material inadmissible and weaken or end the prosecution.
Inconsistent evidence
Perverting cases often rest on the accounts of several people. Where the prosecution’s evidence is contradictory, unreliable, or unsupported by independent material, that inconsistency can create reasonable doubt.
Why specialist legal representation matters
Because perverting the course of justice is indictable only, it can only be dealt with in the Crown Court before a judge and jury. The stakes are high: a conviction carries a near-certain custodial sentence and a criminal record that can affect employment, travel, and professional standing. These cases also turn on fine points of intent and evidence that are easy to get wrong without specialist criminal advice. Early representation lets your solicitor engage with the investigation, make representations before charge, and prepare a defence from the outset rather than playing catch-up.
How Allen Hoole can defend you
Allen Hoole is the largest criminal defence firm in the South West of England, with a team of experienced solicitor advocates and access to specialist barristers for the most serious cases. We defend clients charged with perverting the course of justice in the Crown Court, from false driver nominations through to allegations involving witnesses and evidence. We will review the prosecution case, advise you honestly on your options, and represent you at every stage.
We act for clients from our offices in Bristol, Cheltenham and Keynsham and we can advise nationally. If you would prefer to speak to our wider criminal defence team first, we can point you to the right specialist.
Charged with or under investigation for perverting the course of justice? Contact Allen Hoole now for confidential, specialist advice.
Frequently asked questions
What is perverting the course of justice?
It is a common law offence in England and Wales, committed when someone deliberately does something intended to interfere with the administration of justice, such as lying to the police, giving false driver details, destroying evidence, or intimidating a witness. It is one of the most serious offences in the criminal law and is tried in the Crown Court.
What is the sentence for perverting the course of justice?
The maximum sentence is life imprisonment. In practice, the courts almost always impose an immediate prison sentence because the offence undermines the justice system, although the actual length depends on the culpability and harm involved and on any mitigation.
Is perverting the course of justice an indictable offence?
Yes. It is an indictable-only offence, which means it can only be tried in the Crown Court before a judge and jury, even though the case will first pass briefly through the Magistrates' Court.
Can you go to prison for a first offence of perverting the course of justice?
Yes. A first offence usually still results in a custodial sentence because of the seriousness of the offence, though strong mitigation and an early guilty plea can reduce the sentence and may, in some cases, lead to a suspended sentence.
What happens if I gave false details about who was driving?
Naming the wrong driver, or asking someone else to take your penalty points, can be charged as perverting the course of justice rather than a simple motoring offence. The potential penalty is far more serious than the points you were trying to avoid, so it is important to take specialist advice quickly. See our guidance on failing to provide driver details under section 172.
What is the difference between perverting the course of justice and wasting police time?
Wasting police time is a less serious, summary offence dealt with in the Magistrates' Court, while perverting the course of justice is an indictable-only offence carrying up to life imprisonment. Which one is charged depends on the seriousness of the conduct and its impact on the investigation.