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WHAT SHOULD I DO IF I AM ARRESTED OR CHARGED FOR CONSPIRACY TO COMMIT PERJURY?

Conspiracy to commit perjury is a relatively uncommon offence; several sources show that conspiracy to commit perjury offences accounted for less than 1% of criminal cases in England and Wales. While rare, these charges are still taken extremely seriously. If you have been arrested or charged with conspiracy to commit perjury, it is critical that you contact an experienced criminal defence solicitor as soon as possible to ensure your rights and interests are protected from the start. This article will help you understand your position clearly, addressing common questions such as whether you do indeed require a solicitor when facing such charges, what defences might be available to you, and your prospects of obtaining bail during the legal proceedings. It will also provide practical guidance on how the process unfolds, what penalties you may face if you are convicted, and how best to prepare for your defence.

Do I need a solicitor for conspiracy to commit perjury?

Conspiracy cases, in particular, can be complex and involve intricate legal principles. It is highly recommended that you instruct an experienced criminal defence solicitor who can guide you through every step of the legal process. A solicitor’s assistance is critical for several reasons:

  • They can clearly explain the charges against you, including the legal definitions and evidence the prosecution must present to prove their case.
  • They will advise you on your options and help you determine the optimal defence strategy.
  • They can gather, examine, and challenge the evidence presented by the prosecution.
  • They will represent your interests in all court proceedings and ensure your rights are protected.
  • They are experienced in negotiation and can, where appropriate, work towards having charges reduced or even dismissed before trial.

Attempting to navigate conspiracy charges without professional representation could leave you vulnerable, and you risk making decisions that might negatively impact your defence. If you are accused or suspected of conspiracy to commit perjury, discussing your situation confidentially with a skilled criminal defence solicitor should be your immediate priority.

What are possible defences for conspiracy to commit perjury? 

Conspiracy to commit perjury involves agreeing with at least one other person to deliberately lie under oath or provide false evidence in proceedings. To defend against such allegations, you must challenge essential aspects of the prosecution’s case.

Firstly, lack of agreement or intent can be a key defence. It must be shown that you genuinely did not agree to commit perjury or that there was no clear intention to knowingly lie under oath. A misunderstanding or lack of clarity regarding conversations or interactions could support this defence. The prosecution must demonstrate beyond reasonable doubt that you and the other party explicitly intended to give false testimony or evidence

Secondly, withdrawal can also constitute a valid defence. If you initially agreed to commit perjury but subsequently changed your mind and took steps indicating clearly that you were withdrawing from the plan, you may be able to rely on this defence. Importantly, you must be able to evidence your active and complete withdrawal, ideally accompanied by clear communication of your decision to the other involved parties.

Thirdly, duress can provide a potential defence. Duress occurs when threats, coercion, or serious harm – physical or otherwise – forced you into the conspiracy against your will. To successfully rely on duress, you must demonstrate that your participation was involuntary, resulting directly from threats or pressure from another party, and that no reasonable opportunity existed for you to escape or refuse.

Additionally, challenging the credibility and accuracy of evidence used by the prosecution can help strengthen your defence. You may wish to contest witness statements, recordings, or communications being presented against you. Demonstrating procedural irregularities or inconsistencies in how evidence was collected or presented may also help your case.

Will I get bail for conspiracy to commit perjury?

When making a decision about whether or not to grant bail, a court will typically consider various factors. These usually include:

  • The seriousness and nature of the alleged offence.
  • Your previous criminal record or history of committing similar offences, if any.
  • Your ties to the community and how likely you are to appear for your trial date.
  • Whether there is a risk you might interfere with witnesses or obstruct the course of justice.
  • Whether you present a risk to the public or yourself if released on bail.

If the court is satisfied that you are generally trustworthy, have strong community ties, and pose minimal risk to witnesses and others involved in the case, they may grant you bail with certain conditions attached. These conditions commonly include requirements to report regularly to a police station, restrictions on contacting specific witnesses or co-defendants, or a requirement for you to reside at a certain address or comply with a curfew.

Will I have to go to court if I’m arrested or charged for conspiracy to commit perjury?

If you have been charged with conspiracy to commit perjury, it is highly likely you will need to attend court proceedings.

Once charged with conspiracy to commit perjury, you will receive a court summons specifying the date, time, and location you need to attend. At this initial hearing – more often than not in a magistrates’ court – your charges will be formally read out, and you will be invited to enter a plea.

If the magistrates’ court determines that your case is sufficiently serious or complex, as conspiracy offences usually are, it will typically transfer the matter to Crown Court for trial. In Crown Court cases, defendants must generally be present throughout their trial and sentencing.

If you plead not guilty, you can expect a trial date to be set. Your attendance at the trial will be mandatory. The trial will involve the prosecution presenting evidence intended to show the existence of an agreement to commit perjury, and your defence solicitor or barrister will have the opportunity to challenge evidence and present your defence.

If you plead guilty, you may still have to attend court in person for sentencing hearings or to offer mitigating information to the judge, although the proceedings in these instances may be shorter.

Will I go to jail if found guilty of conspiracy to commit perjury?

Whether or not you go to jail if found guilty of conspiracy to commit perjury depends on various factors. Conspiracy to commit perjury is treated seriously by English criminal courts because it undermines the integrity of the justice system. That said, the actual sentence imposed can vary significantly based on individual circumstances.

In determining your sentence, the judge will consider several factors, which may include:

  • The severity of the offence committed, including the extent of planning involved.
  • Your role within the conspiracy (whether you initiated the conspiracy, took a leading or significant part in it, or played a lesser role).
  • Any harm or potential harm caused to other parties as a result of the criminal conduct and false testimony.
  • Your previous criminal history, if any, with greater leniency generally shown towards offenders with fewer prior convictions.
  • Any mitigating factors, such as remorse demonstrated, cooperation with authorities, or personal circumstances.

Although custodial sentences are commonly considered for conspiracy to commit perjury cases, the court may instead decide on alternative punishments, such as community penalties, suspended sentences, or fines, particularly if the offence is deemed less serious or if substantial mitigating factors are present.

Will I go to jail if it’s my first offence of conspiracy to commit perjury?

Whether you will receive a custodial sentence for a first offence depends on the specific circumstances of your case. The court will carefully consider various factors, including:

  • The seriousness and nature of the perjury initially intended or planned.
  • Your individual role in the conspiracy.
  • Whether you carried out any action in furtherance of the conspiracy.
  • The level of planning and sophistication involved in the offence.
  • Potential harm or obstruction to justice caused or intended by your actions.
  • Your personal circumstances, including your background, commitments, character references and previous criminal history (or the lack of one).

Because conspiracy to commit perjury is such a serious offence, a prison sentence is a real possibility, even for first-time offenders. The court may, however, choose to impose alternative penalties instead, such as a community order, a suspended sentence or a substantial fine, particularly if mitigating factors are strong in your case.

Can I get Legal Aid for conspiracy to commit perjury?

Legal Aid is available for certain criminal matters, and conspiracy to commit perjury is usually among the charges that can qualify. Whether or not you receive Legal Aid depends primarily on two factors:

  • The seriousness and nature of your case: typically, conspiracy offences, given their complexity and seriousness, may meet the threshold required by the Legal Aid Agency.
  • Your financial circumstances: your income, savings, and overall financial resources will be assessed to determine your ability to pay for legal representation.

Where to get more help

A dedicated criminal defence solicitor will carefully guide you through each stage of a conspiracy to commit perjury charge, ensuring you receive clear advice and robust representation tailored to your circumstances. It’s vital that you do not delay seeking professional legal assistance, as early intervention can significantly improve your chances of a positive outcome. If you’re facing charges or have any questions about your case, get in touch with the experienced team at Stuart Miller Solicitors today.

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