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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70419
Experience:  Over 5 years in practice
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Hi, I have been charged by the police of "perverting the

Customer Question

Hi,

I have been charged by the police of "perverting the course of Justice" due to giving false details at the roadside that has now been sent to Crown Court by the Magistrates.

What will happen on the first hearing at Crown Court and what am i likely to receive for this? Is there any chance of the offence being reduced to providing false details or wasting police time?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this. Do you admit you are guilty?
Customer: replied 3 years ago.

Hi


 


I have not yet entered a plea at Crown Court or Magistrates.

Expert:  Jo C. replied 3 years ago.
No, but have you done this?
Customer: replied 3 years ago.

I did provide false details at the roadside yes and was admitted to the police in interview.

Expert:  Jo C. replied 3 years ago.
I see that you were displeased with my two previous answers so I wonder if you would prefer that I opted out for somebody else to continue?
Customer: replied 3 years ago.

Hi


 


I can remember that and was still charged the fee?


 

Customer: replied 3 years ago.

Hi


 


I cant remember that and was still charged the fee?


 

Expert:  Jo C. replied 3 years ago.
Oh its no problem. If it was a mistake then that can be sorted out. You can always go back and rate them.

Do you know if the false particulars caused a particular wasting of manpower? Seems a bit over charged.
Customer: replied 3 years ago.

I think the police did go to the person who i provided false details of but i admitted all at interview voluntary.

Expert:  Jo C. replied 3 years ago.
Was that person arrested?
Customer: replied 3 years ago.

No as he provided the police the correct details of myself and that is when i was asked to attend the police station for interview

Expert:  Jo C. replied 3 years ago.
I'm surprised they charged it as a perverting then. I would have charged it as wasting police time.

There's no reason they cannot charge it as perverting. It is perverting the course of justice to give false details. Its just that given the limited waste of resources, the early admissions and the fact that nobody was arrested its more appropriate for wasting police time.

They can be very inconsistent about things like that though. In fairness, people make false allegations of crime all the time and nothing happens to them.

You will probably be in for a preliminary hearing. All that will happen is that you will enter pleas. If its to be a guilty plea then probably the Judge will adjourn it for a pre sentence report which will be a complete waste of time because generally speaking probation do not appreciate the seriousness of this offence.

In terms of likely outcomes, to be wholly honest, its always a bit like sticking in a pin on the map with this offence. The leading case is McCann. It involves a man of absolute exemplary good character who made a false declaration on a NIP and that lead to three months custody on a first offence. All the other cases relate to things like false allegations of rape which just don't apply here.

On the caselaw, everybody should be going to be prison for perverting but they don't. Often people get suspened sentences.

If you find a Judge who is intent upon following McCann though it should be a lesser sentence unless you have relevant previous convictions. In MaCann the defendant had persisted in the deception for several months and you admitted the offence in interview.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.

Hi Jo


 


Many thanks for this.


 


So honestly how likely am i to get a prison sentence and how long for?


 


 

Expert:  Jo C. replied 3 years ago.
I think you would probably avoid it. Its one of those offences where the case law is just not often followed.

Customer: replied 3 years ago.

Ok. If i was given a custodial sentence how long would i be looking at? would it be advisable to plead guilty or not guilty?

Expert:  Jo C. replied 3 years ago.

If you find a Judge who is intent upon following McCann though it should be a lesser sentence unless you have relevant previous convictions. In MaCann the defendant had persisted in the deception for several months and you admitted the offence in interview. I'm not sure how you could plead not guilty on the evidence?