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WHAT SHOULD I DO IF I AM ARRESTED OR CHARGED FOR CONSPIRACY TO PERVERT THE COURSE OF JUSTICE?

Approximately 400 people each year in England and Wales are prosecuted for offences relating to perverting the course of justice. Though facing such a charge can seem daunting, getting professional help from an experienced criminal defence solicitor at the earliest possible stage can significantly improve your situation. This article will discuss exactly what conspiracy to pervert the course of justice means under English law and will answer some important questions you might have, for example: Do I need a solicitor for conspiracy to pervert the course of justice? What are possible defences for conspiracy to pervert the course of justice? Will I get bail if I’ve been charged with conspiracy to pervert the course of justice? By addressing these and other common queries people have when facing this serious allegation, our aim is to provide clarity, reassurance and practical guidance at this worrying time.

Do I need a solicitor for conspiracy to pervert the course of justice?

A solicitor specialising in criminal defence will carefully analyse the facts and circumstances of your case, guiding you through complex legal proceedings and ensuring a robust defence strategy is in place from the outset. They will ensure you understand your rights fully, supporting you in every stage of the process from police interviews and formal charges, through to court appearances and potential trials.

Key reasons to instruct a solicitor include:

  • Understanding the full extent of the charges and their implications on your future.
  • A strategic review of the evidence collected by the prosecution, ensuring proper adherence to legal standards and procedures.
  • Advice on potential defences and available legal arguments that may reduce or eliminate charges.
  • Negotiations with the prosecution for alternative outcomes, if appropriate.
  • Expert representation and advocacy in court.

Overall, conspiracy to pervert the course of justice involves complex legal considerations and facts. Engaging the help of an experienced defence solicitor gives you the best possible chance of protecting your rights, minimising adverse consequences, and achieving a favourable outcome.

What are possible defences for conspiracy to pervert the course of justice?

A conspiracy charge essentially suggests that two or more individuals have agreed and intentionally planned together to commit an offence that would obstruct or interfere with justice (an offence under the common law). For prosecutors to secure a conviction, they must prove beyond reasonable doubt both the existence of an agreement or plan, as well as an intention by all participating parties to actively disrupt the judicial process or police investigation.

Defence strategies may include challenging whether an actual agreement to commit the offence existed. Simply knowing about a potential criminal act occurring does not in itself mean there was a conspiratorial agreement. If your solicitor highlights weaknesses or a lack of clarity around the prosecution’s evidence of an agreement, this may strengthen your defence.

Another possible defence centres around your intent. Prosecutors must clearly show that you intended to obstruct justice or deliberately interfere with legal proceedings. You may be able to challenge the evidence to show that you lacked such intent—for instance, demonstrating that your involvement, if any, was unintentional, accidental, or misinterpreted.

In certain cases, individuals might have been pressured or coerced into participating. Duress, which arises when a defendant is forced into taking certain actions through threats of harm or violence, can sometimes be established as a defence. This must be supported by compelling evidence.

Will I get bail for conspiracy to pervert the course of justice?

While there isn’t a clear-cut answer because each case is assessed individually by the courts, several key factors will influence the decision to grant you bail or to hold you in custody until the trial.

Firstly, courts will examine the nature and severity of the alleged offence, along with your personal circumstances, previous convictions, if any, and the likelihood that you might attempt to interfere further with the legal process or evidence if released on bail.

The court’s main concern will be addressing any potential risks, such as:

  • The likelihood you might not attend future court dates.
  • Whether you might attempt to interfere with witnesses or evidence.
  • The risk of committing further offences while out on bail.
  • Your ties to the community and overall character.

If the court believes any of these factors indicate significant risk, it may refuse bail or impose bail conditions explicitly aimed at reducing these risks. Typical bail conditions can include regular reporting to a police station, residence at a specified address, surrender of your passport, restrictions on contacting certain individuals involved in the case, or even electronic tagging (curfew).

Will I have to go to court if I’m arrested or charged for conspiracy to pervert the course of justice?

If you have been accused or charged with conspiracy to pervert the course of justice, it is highly likely that you will have to attend court at some stage.

Cases of this nature are commonly progressed to the Crown Court to allow for a thorough, detailed trial process and, if necessary, sentencing considerations beyond what the Magistrates’ Court has authority to impose.

Attending court means you will likely be involved in various stages including:

  • Initial hearing for charges and procedural matters in the Magistrates’ Court.
  • Plea and trial preparation hearing at the Crown Court, where you will enter your plea (guilty or not guilty).
  • Potential trial proceedings, including presentation of evidence, examination of witnesses and arguments from prosecution and defence.

It is crucial that you have specialist criminal defence representation from the earliest stage possible, as conspiracy to pervert the course of justice carries significant penalties, including custodial sentences.

Will I go to jail if found guilty of conspiracy to pervert the course of justice?

In general, conspiracy to pervert the course of justice is viewed by courts as an offence that merits custodial sentencing, due to its potential for undermining public trust and interfering with the judicial process. Nevertheless, jail time isn’t automatically guaranteed, and the court will take several considerations into account before deciding on the most appropriate sentence, such as:

  • The severity of the offence and the level of disruption caused to justice.
  • Your degree of participation and influence within the conspiracy.
  • Whether threats, intimidation, bribery, or deceitful behaviour was involved.
  • Any pressures or coercion placed upon you by others.
  • Previous criminal convictions or past involvement in similar offences.
  • Remorse shown, guilty pleas entered at an early stage, or cooperation with the authorities.
  • Personal circumstances, such as your age, health, and family responsibilities.

When deciding sentences, courts refer to sentencing guidelines that ensure fairness and consistency, but these guidelines still allow judges substantial flexibility depending on the specific facts of each case. Custodial sentences for conspiracy to pervert the course of justice can range from relatively short terms of imprisonment for less serious cases, to lengthy jail sentences for more severe, planned, or prolonged offences. The maximum sentence is life imprisonment.

Will I go to jail if it’s my first offence of conspiracy to pervert the course of justice?

Even if it is your first offence, conspiracy to pervert the course of justice offences generally carry significant penalties. Courts will look at several factors before considering whether a custodial sentence is appropriate in your particular case. These factors often include:

  • The nature and seriousness of your actions, including the level of planning and intention.
  • Whether harm or a delay to justice actually occurred.
  • Your role in the conspiracy and the roles of any co-defendants involved.
  • Whether you’ve shown genuine remorse or attempted to put things right.
  • Personal mitigating circumstances, including your background, age, family situation, and any vulnerabilities.

While prior good character and your clean criminal record can attract some leniency and may potentially lead to a more favourable sentence – possibly suspended prison sentences, community orders, or other non-custodial options – there are no guarantees.

Can I get Legal Aid for conspiracy to pervert the course of justice?

Given the severity and complexity of this type of charge, the need for specialised legal advice and representation is clear, and typically, the interests of justice criteria will be met. This means that, in many instances, you will be eligible to apply for Legal Aid to assist you through the proceedings.

However, eligibility for Legal Aid also depends on your income and savings. To qualify financially, your means will be carefully assessed to see whether you fall within set income and capital thresholds. Factors taken into account usually include:

  • Your monthly income from employment or benefits.
  • Any savings or assets you have, including property (other than your main home).
  • Ongoing household expenses and financial responsibilities.

When making your Legal Aid application, your solicitor will usually guide you through the financial assessment process, advise you on the required documentation, and assist in completing the relevant forms.

Even if your initial application for Legal Aid is refused based on financial grounds, you may be able to appeal the decision or ask for a review, particularly if your financial situation changes.

Where to get more help 

A skilled solicitor will guide you every step of the way through a conspiracy to pervert the course of justice cases, explaining your options clearly and fighting diligently for the best possible outcome. At Stuart Miller Solicitors, our experienced criminal defence team will ensure you receive thorough legal advice and robust defence representation. If you require specialist guidance or would like to discuss your situation confidentially, please contact us today.

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