Perjury

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Practice notes

Perjury

Produced in partnership with Thomas Evans of 3 Paper Buildings

Practice notes
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Perjury in judicial proceedings

The offence of perjury is triable only on indictment and carries a maximum penalty of seven years and/or a fine. The elements of the offence are:

  1. •

    being a lawfully sworn witness or interpreter

  2. •

    in judicial proceedings

  3. •

    wilfully making a material statement which is false, and

  4. •

    knowing that it is false or not believing it to be true

Aiding, abetting or inciting an offence of perjury contrary to section 1 of the Perjury Act 1911 (PeA 1911) is also an indictable offence subject to the same maximum penalty. If the principal offence is a lesser charge that is triable either way, the maximum sentence on indictment is two years’ imprisonment and/or a fine, or when tried summarily, six months’ imprisonment and/or a fine.

Lawfully sworn

The defendant must have been sworn in lawfully by a court or tribunal empowered to administer oaths. A person who is not a competent witness, but is sworn by mistake, cannot be indicted for perjury.

Judicial proceedings

Judicial proceedings include any court, tribunal or person

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Jurisdiction(s):
United Kingdom

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