How Are Perjury Cases Heard in Court?

Perjury - the offence of giving false evidence under oath in a judicial proceeding - is a serious criminal offence in England and Wales and can undermine the integrity of the justice system. It is governed primarily by the Perjury Act 1911, and because of how serious it is, cases are handled through the higher levels of the criminal courts rather than in summary proceedings. This article explains, step by step, how perjury allegations progress through the criminal justice system, from investigation and charging, through hearing and trial, to verdict and sentence. It is written in clear, accessible language for members of the public, legal students, and professionals alike.

What Is Perjury?

Under section 1 of the Perjury Act 1911, a person commits perjury when they:

• Are a lawfully sworn witness or interpreter in a judicial proceeding;
• Wilfully make a false statement which they know to be false or do not believe to be true; and
• Their false statement is material to the proceeding.

The offence can arise in criminal trials, civil proceedings, tribunals, or any legal setting where evidence is given under oath. Conviction requires proof beyond reasonable doubt that the falsehood was deliberate and relevant to the outcome of the proceeding. Perjury is triable only on indictment - that is, in the Crown Court before a judge and jury, not in a magistrates' court.

A conviction may result in imprisonment for up to seven years, a fine, or both.

Step 1 - Investigation and Gathering Evidence

Perjury cases usually begin after suspected false evidence comes to light during or after legal proceedings. These circumstances may include:

• Discovery of contradictory evidence after a trial or hearing;
• Disclosure of documentary evidence undermining sworn testimony;
• Police or prosecuting authority referral based on suspicion of false testimony.

Where there is reason to suspect perjury has occurred, the police (or other investigative bodies such as the Crown Prosecution Service (CPS) with assistance from law enforcement) will investigate. This can involve:

• Reviewing transcripts and witness evidence;
• Obtaining contemporaneous documents and communications;
• Interviewing witnesses (including the person alleged to have committed perjury) under caution.

Because perjury involves deliberate falsehood under oath, investigators must carefully gather proof that shows both falsity and intent. This often requires corroborative evidence beyond the original sworn testimony.

Step 2 - CPS Charging Decision

Once sufficient evidence is gathered, the case is referred to the Crown Prosecution Service, which applies the Code for Crown Prosecutors in deciding whether to charge a suspect. The CPS must be satisfied that:

• There is sufficient evidence for a realistic prospect of conviction; and
• Prosecution is in the public interest.

Perjury is a high‑threshold offence because it undermines the court process, so the CPS will scrutinise whether the evidence clearly shows the witness knowingly gave false material evidence. Only then will they authorise formal charges. Charges are usually laid by serving an indictment requiring the defendant to attend the Crown Court.

Step 3 - First Hearing in the Crown Court

Because perjury is triable only on indictment, the matter begins in the Crown Court rather than the magistrates' court. The first hearing in the Crown Court typically includes:

• Arraignment - the indictment is read, and the defendant enters a plea of guilty or not guilty;
• Consideration of bail or remand in custody pending trial;
• Directions for the next stages of the case, including disclosure and timeframes.

Even at this early stage, the court begins case management, ensuring both prosecution and defence know what evidence will be relied upon and what procedural steps are needed before the trial.

Step 4 - Disclosure and Pre‑Trial Preparation

Perjury trials often involve detailed documentary evidence and intricate analysis of testimony. The court's case preparation process includes:

• Disclosure by the prosecution of all material that may assist the defence or undermine the prosecution case;
• Disclosure by the defence of any intended expert evidence or legal arguments;
• Pre‑trial hearings to resolve legal disputes about evidence admissibility and trial conduct.

Because perjury centres on the credibility and truth of testimony, both sides may rely on witness statements, recordings, written documents, and expert analysis to support their arguments. The Crown Court judge will supervise this process and ensure the trial timetable is set, often through a Plea and Case Management Hearing.

Step 5 - Trial before a Jury

When perjury charges proceed to trial:

• The defendant is tried before a jury in the Crown Court.
• The jury must be persuaded beyond reasonable doubt that the defendant wilfully made a false material statement under oath.
• Both prosecution and defence can call witnesses, cross‑examine, and present documentary and oral evidence during the trial.

Trials for perjury are similar in structure to other serious criminal proceedings. They begin with opening speeches, proceed to evidence presentation, and conclude with closing arguments and judicial directions before the jury deliberates. The judge may give guidance on interpreting evidence and the legal definition of perjury.

Step 6 - Verdict and Sentencing

After the jury's deliberation:

• If the defendant is acquitted, they are free to go;
• If the defendant is convicted, the court will proceed to sentencing.

Sentencing for perjury reflects the seriousness of undermining the justice system. The maximum penalty is imprisonment for up to seven years, although actual sentences vary based on factors such as:

• The significance of the false testimony to the original proceedings;
• Whether any harm resulted from the false evidence (such as wrongful conviction or acquittal);
• The defendant's level of culpability and previous convictions.

The judge will also consider aggravating and mitigating factors when determining the appropriate sentence.

Practical Considerations and Challenges

Rarity of Prosecution

Perjury prosecutions are comparatively rare in England and Wales. This is often due to the difficulty of proving that a false statement was not only untrue but also made intentionally and materially. Corroborative evidence beyond the original sworn testimony is required to prove falsity. This makes perjury prosecutions resource‑intensive and selective.

Overlap with Other Offences

In some cases, conduct that may involve false testimony may be charged under related offences such as:

• Perverting the course of justice - broader common law offence where any act has the tendency and intention to pervert justice; or
• Wasting police time - where false statements are made to law enforcement without reaching the threshold for perjury.

These alternatives may be easier to prosecute where the specific criteria for perjury are not fully met.

Key Takeaways

Perjury cases in England and Wales follow a structured route through the criminal courts:

1. Investigation - law enforcement and prosecuting authorities gather evidence of false testimony.
2. CPS Charging Decision - prosecutors assess evidence and public interest before charging.
3. First Hearing in Crown Court - indictment, plea, and initial directions are given.
4. Pre‑Trial Preparation - disclosure, expert evidence, and case management.
5. Trial before a Jury - rigorous examination of evidence and credibility.
6. Verdict and Sentencing - conviction can lead to imprisonment for up to seven years.

Because perjury strikes at the foundation of the justice system, the process emphasises thorough proof, careful legal scrutiny, and fairness in courtroom proceedings.