New sentencing guidelines for Perverting the Course of Justice and Witness Intimidation
July 12, 2023
New sentencing guidelines for Perverting the Course of Justice and Witness Intimidation have been published today and come into effect on 1st October 2023 for adult offenders.
Perverting the Course of Justice
Prior to today there have been no guidelines for Perverting the Course of Justice. This has meant that criminal practitioners have been reliant upon case law in the area in order to advise lay clients on the likely sentence they will face. The case authorities include some assistance in this area and indicate that in almost all cases a sentence of immediate custody is warranted in order to act as a deterrent sentence, albeit this does not necessarily mean a term of any great length [R v Ratcliffe [2016] EWCA Crim 27]. However, the case law accepts there has been a wide range of sentencing outcomes and limited assistance can be taken from the authorities owing to the different circumstances of the offence and offender [R v Ratcliffe]. This has resulted in a difficult exercise for criminal practitioners and the Courts when trying to establish the appropriate type or, as is often the case, length of sentence.
Given the maximum sentence for the offence is life imprisonment, these new guidelines are welcome to provide greater clarity on sentencing and a more precise sentencing range in which to advise lay clients that are faced with this serious offence.
Notably, the new guidelines include a community order within the range of possible sentencing options for the least serious offence of its kind. This opens the options for a community-based disposal as opposed to immediate custody. However, the starting point for each category of the guidelines is a custodial sentence and so clearly the new guidelines reflect the Court’s long-standing view of the seriousness of this offence.
The new guidelines can be found on the Sentencing Council’s website: https://www.sentencingcouncil.org.uk/offences/crown-court/item/perverting-the-course-of-justice/
Witness Intimidation
There have been sentencing guidelines on Witness Intimidation in the Magistrates’ Court for many years, but this is the first time that the Sentencing Council has provided guidelines for cases being dealt with in the Crown Court.
The most serious offences of their kind, namely those involving threats of violence and deliberately seeking out witnesses, are specified in the lower court guidelines as those offences that are to be dealt with in the Crown Court, but the guidelines do not offer any further assistance on the type or length of sentence. This has again resulted in a wide range of sentences being imposed with inconsistencies across cases. As with Perverting the Course of Justice, criminal practitioners have been reliant on case law for this offence when dealt with in the Crown Court, which offers limited assistance but does indicate a deterrent sentence is usually appropriate [R v Chinery [2002] EWCA Crim 32].
Looking at the new guidelines in more detail, an offence involving a threat of violence, which on the current guidelines is simply indicated as appropriate for the Crown Court; will usually see a Defendant placed in culpability A which at its lowest will attract a starting point of 9 months’ custody. Again, the guidelines appear to reflect the Court’s long-standing view of the seriousness of this offence.
The new guidelines can be found on the Sentencing Council’s website:
https://www.sentencingcouncil.org.uk/offences/crown-court/item/witness-intimidation-2/
The guidelines for both offences only come into force on 1st October 2023 and so only time will tell how they may change the sentencing landscape. However, it is hoped they will provide more consistency in the approach to sentencing and greater clarity for criminal practitioners, the Courts and lay clients.
