Charged with Perjury or Attempting to Pervert the Course of Justice in Victoria

Perjury and perverting the course of justice are serious criminal offences that arise in a variety of contexts, from false statements made in affidavits or oral evidence through to conduct aimed at interfering with witnesses or evidence in pending proceedings. The common element is conduct that undermines the integrity of the judicial process, which courts treat as an aggravating feature regardless of the underlying matter.

This is general information only and is not legal advice for any specific matter.

Understanding the Charges

What is perjury under Victorian law?

Perjury under the Crimes Act 1958 (Vic) involves making a false statement on oath or affirmation in a judicial proceeding, knowing the statement to be false or not believing it to be true. The statement must be material to the proceeding. The proceeding must be one in which an oath or affirmation is required. Perjury can be committed in evidence given at trial, in a statement on affidavit, in examination before a court, or in other judicial proceedings in which sworn evidence is given. The offence requires both the falsity of the statement and knowledge of that falsity.

What is attempting to pervert the course of justice?

Attempting to pervert the course of justice is a common law offence that covers a broad range of conduct aimed at interfering with the administration of justice. Conduct that falls within the offence includes: interfering with or threatening a witness or potential witness; fabricating or destroying evidence; making false reports to police about offences that did not occur; interfering with a juror; and making false statements to investigators or in formal proceedings. The key element is that the conduct is directed at perverting, obstructing, or impeding the administration of justice.

What are the potential penalties?

Both perjury and attempting to pervert the course of justice carry substantial maximum penalties under Victorian law. Courts treat these offences seriously because they strike at the integrity of the judicial process rather than at an individual victim. The actual sentence depends on the nature of the false statement or interfering conduct, the proceeding in which it occurred, the consequences for other parties and for the administration of justice, and the offender's personal circumstances.

What Happens Next

How are perjury and perverting the course of justice investigated?

These offences typically come to police attention as a result of another proceeding in which the false statement was made or the interfering conduct occurred. A perjury investigation often follows the resolution of another matter in which a witness or party is alleged to have given false evidence. Perverting the course of justice investigations can arise from complaints by affected parties, from court referrals, or as part of a broader corruption or organised crime investigation. The investigation typically involves obtaining the transcript or recording of the relevant proceeding, witness statements, and any documentary evidence.

Should I attend a police interview?

Obtain legal representation before any police interview. The right to silence applies. In perjury and perverting the course of justice matters, the documentary record, including court transcripts and recorded evidence, is often central to the investigation, and what an accused says about that material in a police interview can affect the available defences.

What does bail look like for these charges?

Bail in perjury and perverting the course of justice matters is governed by the Bail Act 1977 (Vic). Conditions where bail is granted commonly include non-contact orders in relation to witnesses or parties involved in the underlying proceeding, reporting requirements, and residence conditions. The specific conditions depend on the circumstances of the conduct and the risk of further interference with witnesses or evidence.

What is the court process?

Perjury and perverting the course of justice charges are indictable offences that proceed through committal in the Magistrates Court before proceeding to trial in the County Court. The timeline from charge to resolution is typically a year or more for contested matters. Committal provides the defence with an opportunity to test the prosecution evidence before the matter is sent for trial.

What This Means Practically

What are the professional and employment consequences?

Perjury and perverting the course of justice convictions are dishonesty offences and carry serious consequences for professional registration in law, accounting, finance, healthcare, and other regulated industries. A practitioner convicted of either offence faces mandatory reporting obligations and is likely to face fitness to practise proceedings regardless of any criminal sentence. The professional consequences can be more immediate and long-lasting than the criminal sentence.

What about the relationship with the original proceeding?

A perjury or perverting the course of justice charge arising from another criminal proceeding can interact with that proceeding in various ways. Where the original matter is still on foot, evidence in the perjury investigation may be relevant to both. Where the original matter has been resolved, the perjury charge may affect any appeal or review of that outcome. Managing both matters requires coordination of the legal strategy across both proceedings.

What about media and reputational consequences?

Perjury and perverting the course of justice charges, particularly those arising from high-profile underlying proceedings, often attract media attention. Court proceedings are generally public. Active legal management is required where privacy or reputational consequences are a concern alongside the substantive criminal defence.

How These Matters Are Defended

What defences are available?

Defences in perjury matters include that the statement was not false, that the accused did not know the statement was false, that the statement was not material to the proceeding, or that the formal requirements for the oath or affirmation were not met. For perverting the course of justice, the defence may challenge whether the conduct was directed at a judicial proceeding, whether the intent to pervert can be established, or whether the conduct caused the result alleged. Both offences require specific mental elements that can be contested on the evidence.

How long do these matters take to resolve?

Perjury and perverting the course of justice matters typically take a year or more from charge through to resolution, reflecting the complexity of the evidence, including court transcripts and records from underlying proceedings, and the listing practices of the County Court. The duration can be extended where the underlying proceeding is still on foot or on appeal.

What is the choice between pleading and contesting?

Pleading guilty involves accepting the charge and proceeding to sentence, with a sentencing discount for early pleas. Courts take these offences seriously, and the discount for an early plea can be meaningful. Contesting requires the prosecution to prove every element beyond reasonable doubt. The decision depends on the strength of the documentary record from the original proceeding, whether the mental element can be contested, and the sentencing consequences of each course.

Selection of Counsel

What should I look for in a criminal lawyer for these charges?

Perjury and perverting the course of justice are white collar adjacent offences that require practitioners familiar with the technical elements of each offence, the documentary evidence from court proceedings, and the interaction with any underlying criminal matter or professional registration consequence. County Court trial experience in this category, and an understanding of the professional consequences for regulated practitioners, are both relevant to the selection decision.

When should I engage a lawyer?

Before any police interview and on becoming aware that an investigation is underway. Where the charge arises from another proceeding that is still on foot, coordinating the legal strategy across both matters from the outset is essential to avoid steps in one affecting the other.

Selection of counsel in perjury and perverting the course of justice matters depends on the specific charge, the court and jurisdiction involved, and the circumstances of the matter. Doogue + George is among the Melbourne criminal defence firms with senior practitioners experienced in this category of work. Early engagement of senior counsel, particularly before any record of interview or formal investigation step, is consistently the factor that most affects what options remain available.