04-04 Crimes Against Public Justice_c9f64bf13dce8ae6f95b6be55a1d5d7d.pdf

OFFICIAL Unit 4 Lesson 4...

OFFICIAL Unit 4 Lesson 4 Crimes Against Public Justice Lesson Aim: The learner will be able to identify Crimes Against Public Justice Learning Outcomes: Introduction On successful completion of the lesson, students will be able to:- Public Justice in this country relies upon the credibility of witnesses before and during a 1. Define the common law crime of Wasting trial. As you might imagine if these witnesses Police Time are influenced or threatened, etc. then that credibility could be greatly diminished and the subsequent outcome of a trial could be 2. Identify the common law crimes of affected. Attempting to Pervert the Course of Justice, Perjury and Contempt of Court This lesson looks at the common law crimes which can affect the very core of the criminal justice system in this country. 1 th Amended 25 April 2024 v.5 OFFICIAL  OFFICIAL Unit 4 Lesson 4 Crimes Against Public Justice Activity 1 A1 What sort of behaviour do you think you might consider to be wasting police time and what may the person’s motive be? 2 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 4 Crimes Against Public Justice Wasting Police Time The majority of complaints from members of the public are genuine and they receive the appropriate level of investigation by the police. There are however occasions where individuals may cause police resources to be diverted to deal with false complaints or allegations which are entirely without foundation. Definition “A crime at common law, committed by any person who maliciously makes a false statement to the police, with the intention and effect of causing unnecessary police investigation.” The Essential Elements for Wasting Police Time It is not essential that a particular person be named in the false statement. The essence of the crime is that damage may be caused to the public interest by diverting police resources from normal duties to the needless investigation of the invented story. This crime can vary in nature and each investigation should be dealt with on an individual basis. Example Charge EC “On 24th March 2020, at West Square, Brookbank, you MARK SMITH did falsely represent to Ryan Storrie and Fereshteh Hosseini, both Constables of Police Service of Scotland, that you were assaulted and did cause those Constables, maintained at public expense for the public benefit to devote their time and services in investigation of said representation made by you, which you knew to be false and did temporarily deprive the public of their services. In relation to wasting police time the crime is set out in the case of Bowers v. Tudhope, 1987 S.C.C.R. 77, where it was held that the essence of the crime of wasting police time was causing the police to devote their time to investigating a false representation. 3 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 4 Crimes Against Public Justice Attempt to Pervert the Course of Justice Definition “A crime at common law which can be described as any overt and intentional action calculated, to interfere with either the normal investigation of a crime, or the bringing of an offender to justice.” Examples The following are examples from case law which illustrate some of the different ways in which the crime can be committed in relation to the above definition. To commit this offence there must be a blatant act to deliberately affect an investigation or evidence. Active destruction of, or concealment of, evidence which may lead to the detection of a serious crime (particularly when committed by some person other than the accused) Requesting a witness refrain from identifying an accused Where the police are trying to trace a suspect, assisting that person to evade the officers An accused person tampering with blood samples taken during drink driving procedures As a potential witness, intentionally telling lies to the police during the course of a criminal investigation A motorist attempting to evade prosecution by supplying the police with a false name or address Example Charge EC “On 20th September 2020, at East Craig Gardens, Brookbank, you SAM JONES did provide false details to police officers and this you did with the intent to pervert the course of justice, and did attempt to pervert the course of justice. 4 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 4 Crimes Against Public Justice Perjury The basis of our justice system is that witnesses tell the truth in court and recall events to the best of their recollection. It is accepted by the courts that when giving evidence there will be slight variations in the evidence of events as witnesses saw or recall them. There should however, be uniformity in the evidence given by the witnesses and it would be clear to the court when someone is giving false evidence through a range of discrepancies or while being inconsistent in their replies when being examined and cross- examined. When a witness deliberately gives false evidence or sets out to mislead the court this strikes at the very heart of our justice system as it defeats the principles and standards people demand and expect and as such, it is dealt with as a very serious crime. Definition “Perjury is a crime at common law, committed by any person who wilfully makes a false statement under oath or affirmation equivalent to oath.” The Essential Elements for Perjury To constitute the crime of perjury, the following essentials must be present. 1. Falsehood must be made under oath or affirmation in civil or criminal proceedings 2. It must be proved to be false and that the accused knew it was false 3. It must relate to evidence of fact. It is not perjury if due to faulty recollection or misunderstanding 4. It must be direct and unequivocal 5. It must be relevant to the point at issue. It is not perjury if the evidence is irrelevant or incompetent 5 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 4 Crimes Against Public Justice Feedback 1 F1 There are many examples of the crime of Wasting Police Time. The following are just a few of them:- Charli reports a robbery of £400 from their taxi, officers attended and carried out a number of enquiries including a media appeal. Similarities in the story and description of offenders were noted to be similar of an ongoing soap storyline. Charli later admits that no such offence took place and the report was made as they did not want to admit to their taxi firm they had lost takings. James Irving has used his credit card over the authorised limit and has built up a large debt. In an attempt to avoid repaying this debt, he reports to you that his credit card was stolen and used fraudulently. This causes the police to make considerable enquiries with his bank. Your control room send you to investigate hoax 999 calls, alleging that there was a fire at a particular location. This is a form of wasting police time but such calls are also covered by statutes involving the emergency services and the use of telecommunications services (as per Crimes of Disorder lesson). You may have had an extended list along the lines of the above examples. It is important to consider why people make false allegations to the police. More often than not, there is a motive for this such as jealousy, revenge or malice and it is not uncommon for people with mental health problems to feel compelled to involve themselves with the 6 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 4 Crimes Against Public Justice Subornation of Perjury This subject logically follows on from the previous subject and again centres upon the truth being told in court. It may be in the interests of some other party, other than the witness, to have serious doubt cast upon the evidence given in the proceedings which would lead to the acquittal of the accused. You may have read articles online or watched news broadcasts about witnesses being intimidated or induced in some manner to encourage them to give false evidence or testimony in the court. It is immaterial what method is used to induce or cause the witness to give false evidence. Definition “Subornation of Perjury is a crime at common law, committed by any person who counsels or induces, by any means, a person to give false testimony in judicial proceedings.” Examples An example of this would be in a murder trial where vital witnesses are intimidated or threatened by the accused or their associates. Unless they give false evidence in court then some form of violent act will take place against the witness, their friends or relatives or their property. Equally it does not need to be a violent act, there may be some form of inducement given to the witness including money, holidays, property etc. The crime of subornation of perjury is not complete unless the witness submits to the inducement and gives false evidence. i.e. for there to be subornation of perjury, there must be perjury first. Attempted Subornation of Perjury Attempted Subornation of Perjury is complete as soon as any inducement or intimidation etc., has been made. This would be relevant where the witness is approached, an inducement offered or intimidation made but the matter is reported to the police before the witness goes to court. 7 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 4 Crimes Against Public Justice Definition “A crime at common law committed by any person who counsels or induces by any means, a person to give false testimony in judicial proceedings.” Contempt of Court All courts, both criminal and civil, have power at common law to enforce order and ensure proper procedures are followed. Any act of contempt can be punished immediately without any formal charge needing to be prepared. Definition “An intentional disrespect or an action against the court’s authority.” Examples Examples of contempt of court include:- 1. Failing to attend court when cited 2. An accused, witness, juror or police officer attending court under the influence of alcohol 3. Refusing to take the oath or affirmation 4. Wilfully misleading the court by giving inconsistent or contradictory evidence 5. Refusing to answer questions allowed by court 6. Refusing to produce documents when required by court 7. Failing to obey lawful order of court 8. Behaving in an insulting or challenging manner 9. Attempting to make unofficial recordings of court proceedings 10. Allowing a mobile phone/airwave to sound in court 8 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 4 Crimes Against Public Justice For further information, use the resources shown below:- Legal Database:- Criminal Law - Crimes Against Justice Case Law:- Bowers v. Tudhope, 1987 S.C.C.R. 77 Review: You can define the common law crime of Wasting Police Time You can identify the common law crime of Attempting to Pervert the Course of Justice Learning Log: How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 9 Scots Criminal Law: Introduction and Investigation OFFICIAL  OFFICIAL Unit 4 Lesson 4 Crimes Against Public Justice 10 Scots Criminal Law: Introduction and Investigation OFFICIAL