DC Harrison investigates a perverting the course of justice allegation. Fletcher told police that Evans was with him at the time of a robbery, knowing this was untrue. The robbery investigation was subsequently closed. Fletcher argues that because the investigation was closed, his false alibi did not actually pervert the course of justice. Which of the following most accurately states the legal position?
- AFletcher commits the offence of perverting the course of justice only if his false alibi actually caused the investigation to close - where the investigation would have closed in any event, no offence is committed.
- BFletcher commits the offence of perverting the course of justice only if he can be shown to have intended to prevent a conviction - a false alibi that aims to divert suspicion rather than prevent a conviction is not within the offence.
- CFletcher commits no offence because the investigation was subsequently closed - perverting the course of justice requires that justice was actually denied to someone as a result of the defendant's act.
- DFletcher commits the offence of perverting the course of justice because he did an act that had a tendency to pervert the course of justice - the prosecution need not prove the course of justice was actually perverted, only that the act had a tendency to do so.
Show answer and explanation
Answer: D
The common law offence of perverting the course of justice requires an act with a tendency to pervert the course of public justice, plus an intention to pervert it. The prosecution need not prove the course of justice was actually perverted - a tendency is enough. A false alibi to police plainly has such a tendency.
Common law; R v Vreones [1891]
Common law: the offence of perverting the course of justice consists of an act or series of acts which has or have a tendency to pervert and which is or are intended to pervert the course of public justice.
- A: The offence requires only a tendency to pervert, not proof of actual causation.
- B: The offence does not require proof of intent to prevent a conviction specifically - the intention must be to pervert the course of justice broadly.
- C: Perverting the course of justice does not require that justice was actually denied to anyone.