Divorce and Perverting the Course of Justice

“There are three ways in which an individual can pervert the course of justice:

Fabricating evidence or destroying evidence
Threatening or intimidating a witness or juror
Threatening or intimidating a judge

http://www.separateddads.co.uk/divorce-perverting-course-justice.html

ALSO SEE:

Perverting the course of justice

England and Wales

Doing an act tending and intending to pervert the course of public justice[1] is an offence under the common law of England and Wales.

Perverting the course of justice can be any of three acts:

Also criminal are:

  1. conspiring with another to pervert the course of justice, and
  2. intending to pervert the course of justice

This offence, and the subject matter of the related forms of criminal conspiracy, have been referred to as:

  • Perverting the course of justice
  • Interfering with the administration of justice
  • Obstructing the administration of justice
  • Obstructing the course of justice
  • Defeating the due course of justice
  • Defeating the ends of justice
  • Effecting a public mischief[2]

This proliferation of alternative names is “somewhat confusing”.[3]

This offence is also sometimes referred to as “attempting to pervert the course of justice”. This is potentially misleading. An attempt to pervert the course of justice is a substantive common law offence and not an inchoate offence. It is not a form of the offence of attempt, and it would be erroneous to charge it as being contrary to section 1(1) of the Criminal Attempts Act 1981.[4]

This offence is triable only on indictment.[5]

Inchoate offense

An inchoate offense, preliminary crime, or inchoate crime is a crime of preparing for or seeking to commit another crime. The most common example of an inchoate offense is “attempt“. “Inchoate offense” has been defined as: “Conduct deemed criminal without actual harm being done, provided that the harm that would have occurred is one the law tries to prevent.”[1][2]

Intent

Every inchoate crime or offense must have the mens rea of intent or of recklessness, but most typically intent. Absent a specific law, an inchoate offense requires that the defendant have the specific intent to commit the underlying crime. For example, for a defendant to be guilty of the inchoate crime of solicitation of murder, he or she must have intended for a person to die.[citation needed]

Attempt,[3] conspiracy,[4] and solicitation[5] all require mens rea.[6]

On the other hand, RICO merely requires “knowing”,[7] that is, recklessness. Facilitation also requires “believing”,[8] yet another way of saying reckless.[citation needed]

Intent may be distinguished from recklessness and criminal negligence as a higher mens rea.

 

Parental Alienation

There are three ways in which an individual can pervert the course of justice:

  • Fabricating evidence or destroying evidence
  • Threatening or intimidating a witness or juror
  • Threatening or intimidating a judge

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