The Sentencing Council has launched a consultation regarding new sentencing guidelines for two offences: witness intimidation and perverting the course of justice. The guidelines will only apply to offenders aged 18 and over.

Witness Intimidation

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Perverting the course of justice

Perverting the course of justice is when an action or series of actions prevents justice being served (or at least, intends to prevent justice being served). This can include fabricating evidence, providing false information and lying to incriminate another person.

In 2020, 400 people were convicted of perverting the course of justice. Despite this, there are currently no sentencing guidelines for the offence. The Sentencing Council wants to change this to provide judges with greater clarity, and to ensure consistency across the board.

Like all offences, the Sentencing Council asks judges to base their decision on two factors: the offender’s level of culpability, and the amount of harm that was caused (or was intended to be caused). Each factor has a rating of high, medium and low.

With regard to perverting the course of justice, someone might be considered to have a high culpability if their conduct was:

  • Sustained over a period of time
  • Sophisticated or planned in nature
  • Designed to prevent justice being served in a very serious offence

Someone might be considered to have lower culpability if their conduct was:

  • Unplanned and unsophisticated
  • A result of coercion, intimidation or exploitation
  • Designed to prevent justice being served in a minor offence
  • Linked to diminished responsibility due to a mental disorder or learning disability

A high level of harm might be the detention or arrest of an innocent person. A lower level of harm would be where there are limited effects or a minor amount of distress.

The Sentencing Council has suggested a sentencing range of a medium-level community order for offences with low culpability/harm, up to four years custody for the most serious offending.

Witness intimidation

Witness intimidation is when someone tries to manipulate a witness for their own benefit. For example, a defendant may try to persuade a witness not to give evidence, or to give evidence in a way that is favourable to their case. This is often achieved through violence and threats.

In 2020, around 180 people were charged with witness intimidation. However, there are only limited sentencing guidelines for witness intimidation, and they only apply to the Magistrates’ Court.

As per all offences, sentencing is based on the offender’s culpability and the amount of harm caused. High culpability factors in this context include:

  • Violence or threats of violence
  • Deliberately seeking out a witness
  • Breaching bail conditions

On the other hand, someone might be considered to have lower culpability if the witness intimidation was:

  • Unplanned
  • Limited in scope and duration
  • As a result of coercion, intimidation or exploitation
  • Linked to diminished responsibility due to a mental disorder or learning disability

A high level of harm would include where contact is made at (or near) the witness’s home, causing serious distress.

The Sentencing Council has suggested a sentencing range of a low-level community order for offences with low culpability/harm, up to two years custody for the most serious offending.

What happens next?

These are currently draft guidelines. The Sentencing Council has put the matter to a consultation which runs until 22 June 2022. It is seeking views and suggestions regarding the proposed changes. These will be considered when the consultation ends and any amendments made where needed. The new sentencing guidelines will then be implemented.

The Council did consider whether to draft new guidelines for various other offences, including perjury, contempt of court and assisting an offender. However, it decided against this due to the low volume of offending in these areas. What happens if your sentencing is considered unduly lenient?

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