Regard must be had to the factors outlined in General Charging Practice, above in this guidance and in Charging Practice for Public Justice Offences, above in this guidance, which help to identify the seriousness of the conduct.If the seriousness of the offence can properly be reflected in any other charge, which would provide the court with adequate sentencing powers, and permit a proper presentation of the case as a whole, that other charge should be used unless: (2002) TLR 10/4/02 the Court cautioned against adding a count of perverting the course of justice when the conduct could properly be treated as an aggravating feature of the principal offence.Referrals will require the agreement of the relevant Head of Complex Casework Unit, Chief Crown Prosecutor or Deputy Chief Crown Prosecutor.The most common example is when a suspect provides false details to an officer - whether it involves giving a false name, date of birth, address or a combination of the three.
All cases referred to the CPS by the police, including those which are not thought to pass the Full Code Test, must be sent with an MG3 form including an analysis of the evidence and any legal issues submitted.
A large number of offences cover conduct, which hinders or frustrates the administration of justice, the work of the police, prosecutors and courts.
The charging standard below, gives guidance concerning the charge which should be preferred if the criteria set out in the Code for Crown Prosecutors are met.
If a wrongful conviction is believed to have occurred because of the perjured evidence, a prosecution should follow, unless there are exceptional circumstances.
If the witness has lied to protect his or her own interests rather than with an intent to pervert the course of justice, a prosecution may be unnecessary.