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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, the maximum penalty is an unlimited fine and/or a term of imprisonment not exceeding the general limit in a magistrates’ court (or both). See Practice Note: Sentences imposed following conviction—General limits on magistrates’ courts powers to impose custodial sentences following conviction.