"Perverting the course of justice" is one of the most serious offences in English law, and it is surprisingly easy to commit without fully realising it, for example by lying to the police to protect someone or by tampering with evidence. This is a plain-English guide to the offence in England and Wales.
What the offence is
Perverting the course of justice is a common law offence (not defined in a single statute). In essence, a person commits it if they:
- do an act (or a series of acts);
- which has a tendency to pervert the course of justice; and
- with the intention to pervert the course of justice.
"The course of justice" covers police investigations and court proceedings, both criminal and, in some respects, civil. The act must actually have the capacity to interfere with justice; it does not matter whether it ultimately succeeds.
Common examples
- Fabricating, destroying or concealing evidence, for instance hiding a weapon, deleting messages relevant to an investigation, or planting false evidence.
- Making false allegations, reporting a crime that did not happen, or falsely accusing someone.
- Lying to the police to divert an investigation, for example giving a false alibi or a false name to take or shift the blame.
- Intimidating or interfering with witnesses, jurors or others, pressuring a witness to change or withdraw their account.
- Assisting an offender to evade justice by misleading the authorities.
A classic everyday scenario is taking someone else's speeding penalty points, or persuading another person to do so, this has repeatedly been prosecuted as perverting the course of justice.
How serious is it?
Very. Perverting the course of justice is an indictable-only offence (tried in the Crown Court) and carries a maximum sentence of life imprisonment. In practice, sentences are often immediate custody, even for offenders of previous good character, because the offence strikes at the integrity of the justice system. Sentencing follows the relevant Sentencing Council guideline, taking into account the seriousness of the underlying matter, the sophistication and persistence of the conduct, and its effect.
Related offences
Several related offences overlap, and the right charge depends on the facts:
- Witness intimidation (Criminal Justice and Public Order Act 1994).
- Perjury, lying on oath (Perjury Act 1911).
- Wasting police time (a lesser, summary offence).
- Assisting an offender (Criminal Law Act 1967).
Defences and key points
- No intention, if you did not intend to interfere with justice (e.g. an honest mistake or genuine forgetfulness), a key element is missing.
- The act must have a real tendency to pervert justice.
- Because the offence is so serious, anyone questioned by police or facing investigation should take legal advice before responding, well-meaning attempts to "help" a friend or family member can amount to this offence.
Key takeaways
- Perverting the course of justice is a common law offence: an act tending to pervert justice, done with the intention to do so.
- Common forms include tampering with or destroying evidence, false allegations, lying to police, and witness intimidation (and taking someone's penalty points).
- It is indictable only, tried in the Crown Court, with a maximum of life imprisonment and frequently immediate custody.
- Intention is essential; if you are involved in any investigation, take legal advice before acting or speaking.
Sources
- Common law offence of perverting the course of justice (act tending to pervert + intention); indictable only, maximum life imprisonment
- Sentencing Council guideline for perverting the course of justice / witness intimidation
- Related offences: Perjury Act 1911; Criminal Justice and Public Order Act 1994 (witness intimidation); Criminal Law Act 1967 (assisting offenders)
--- This article is general information about the law of England & Wales as at 2026, not legal advice. If you are involved in any criminal investigation, consult a qualified criminal solicitor immediately.