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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70716
Experience:  Over 5 years in practice
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I've been charged with intent to pervert the course of public

Resolved Question:

Hi I've been charged with intent to pervert the course of public justice,did a series of acts nominate another driver & not reply to further notice,even though I was happy with the name I had given over,if I'm found guilty of this charge will I go to prison & if so how long for???
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I am sorry but I cannot give you good news.
If convicted then you almost certainly will go to prison. The case law involves a person of exemplary good character and he received three months. Generally speaking sentences have increased since then as well.
There is an outside chance of a suspended sentence but I would brace yourself for immediate custody I'm afraid.
I'm very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Thank you for your Anwser
Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Customer: replied 2 years ago.
Hi Jo I to have exemplary good charachter & am very surprised that this carries such a high chance of s prison sentence & so quickly I have my own small business with an employer who will be out of work,will loose my bussnies & home & will leave behind my partner & 3 children under 10 with no home & little finance compared to other crimes vioant ones where you won't go to prison i here every day people stalking & attracting people & they get cautions & as is but don't go to prison is there no way of paying a bigger fine or going on tag & community service I'm going to loose much what is a realistic prison sentance I Wil receive 9 months-6months???
Expert:  Jo C. replied 2 years ago.
There is absolutely no chance of a fine.
This is perverting the course of justice and I'm afraid you are facing custody. This is one of the most serious offences striking at the heart of justice.
The caselaw says three months although that was before the Chris Hulme cases which led to much longer sentences. I'm afraid that false nominations on a NIP are almost on all fours with those cases though.
Customer: replied 2 years ago.
I've been looking at a lot of cases tonight & I can see that they take this very seriously & send people to prison but I can also see people getting suspended sentances why would some people get custodial & some suspended????
Expert:  Jo C. replied 2 years ago.
It depends really on the Judge.
In fact, there has been caselaw that has set down that perverting should always lead to proper custody although that did relate to false allegations of rape which are generally taken more seriously although not seriously enough.
The length of the sentence was set down in the case of Tunney and the only one that applies to this particular offence is how long the deception was maintained. The leading case did involve a man who pleaded guilty although had mislead the crown for some time.
Customer: replied 2 years ago.
Let's hope the judge likes me then. if I plead guilty at my first appearance at magistrates court will I go to prison that day???
Expert:  Jo C. replied 2 years ago.
They shouldn't take a plea at the Mags but they won't you. They may conditiona. to your bail.
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