12. Offences against the administration of justice

Perjury

Definition: A person lawfully sworn as a witness in a judicial proceeding who wilfully makes a material statement which he knows to be false or does not believe to be true (Perjury Act 1911, s.1). Materiality is a question for the judge.

Corroboration: A conviction for perjury needs corroboration of the falsity.

Subornation and incitement

Subornation: Procuring another to commit perjury. In Bob-Jones v Reginam the Court of Appeal held that the perjury must be proved at the trial of the suborner; a prior conviction of the perjurer is neither required nor enough. A witness cannot corroborate himself.

Incitement to perjury: It is committed even if no perjury follows, and the incitee's evidence must be corroborated.

Perverting the course of justice

Examples: Fabricating evidence, making false statements to the police, and attempting to influence a juror.

Contempt of court

Nature: Criminal contempt is conduct that tends to obstruct or prejudice the administration of justice. It is a common law offence punished by the superior courts under their inherent jurisdiction.

No mens rea: Regina v Shekpendeh, ex p Attorney-General and Regina v Manni, ex p Attorney-General show that an intention to prejudice a trial need not be proved; lack of intent goes to punishment.

Procedure: The usual procedure is an application for a writ of attachment or committal supported by affidavit evidence.

Limits: Inferior courts cannot punish contempt committed out of court, but the High Court can protect them.

Bribery

Current law: Bribery of public officers is now dealt with mainly by the Anti-Corruption Act 2008.