How Perjury Charges Are Filed in Criminal Cases

Perjury is a serious criminal offence that strikes at the heart of the integrity of the justice system. In England and Wales, perjury occurs when a person intentionally makes a false statement under oath in judicial proceedings and that falsehood is material to the outcome of the case. Because it undermines the administration of justice, the law treats perjury with significant gravity, requiring careful investigation and a robust charging process. This article explains what perjury is under UK law, how allegations are investigated, how and when charges are filed, what evidential requirements apply, the court process, potential penalties, and practical considerations for those involved.

Legal Definition of Perjury

Under the Perjury Act 1911, perjury is committed where:

• A person is lawfully sworn as a witness or interpreter in a judicial proceeding;
• They wilfully make a false statement;
• They know the statement is false or do not believe it to be true;
• The false statement is material to the proceeding.

“Judicial proceedings” extend to any hearing before a court or tribunal where evidence is taken. Materiality means that the falsehood could influence the outcome of the case.

Perjury is tried only on indictment in the Crown Court and carries a maximum sentence of up to seven years' imprisonment and/or a fine.

How Perjury Investigations Begin

Identifying Potential Falsehoods

Perjury investigations typically arise during or after criminal proceedings when:

• Evidence emerges suggesting that a witness or participant knowingly lied under oath.
• Contradictory documentation, reliable witness testimony, or forensic evidence undermines a sworn statement.
• Law enforcement or prosecuting authorities receive information pointing towards false testimony.

In many cases, investigators must distinguish between honest mistakes and deliberate deception. Proving intent to lie - knowing the statement was false - is a key element of the offence. This can be challenging in practice.

Police and Prosecutor Involvement

If judges, lawyers, or parties identify a possible perjury, the matter may be referred to the police or the Crown Prosecution Service (CPS). Police can open an investigation and gather evidence, which may include:

• Reviewing transcripts of proceedings.
• Interviewing witnesses or the suspect under caution.
• Collecting documentary or electronic evidence that contradicts sworn testimony.

Police must evaluate whether there is sufficient indication of intentional falsehood before proceeding.

Evidential Requirements Before Charging

Corroboration and Materiality

A perjury charge cannot be based on the testimony of a single witness asserting that a statement was false. The Perjury Act 1911 requires corroborative evidence of the falsity of the statement. This might be:

• A document written by the defendant that contradicts their sworn evidence.
• Independent witness testimony supported by other material.

The statement must also be material - meaning it was capable of affecting the result of the case in which it was made. For example, a lie about a central fact such as whereabouts at the time of an offence would be material; a trivial or irrelevant misstatement would not.

Distinguishing from Other Offences

Keep in mind that not all false statements in legal contexts amount to perjury. If a false statement is made outside of sworn court testimony, other offences may apply - such as perverting the course of justice or false statements in police interviews - but these are distinct from perjury itself.

Charging Decisions: CPS Role

Applying the CPS Code for Crown Prosecutors

Once investigators have gathered sufficient evidence, the police present a file to the CPS. Prosecutors apply the Code for Crown Prosecutors, which requires two tests to be satisfied before charging:

1. Evidential Test: There must be sufficient admissible evidence to provide a realistic prospect of conviction.
2. Public Interest Test: It must be in the public interest to bring proceedings, considering the seriousness of the falsehood and impact on justice.

Only where both tests are met will the CPS authorise a charge of perjury. Decisions must also consider any overlapping offences - such as perverting the course of justice - and select the most appropriate charges.

Obtaining Legal Authority

Because perjury is an indictable offence, the CPS will prepare draft indictment and arrange for the case to be presented to the Crown Court. At this stage, the defendant is formally charged and served with an indictment that sets out the alleged false statements and supporting particulars.

Court Process After Charges Are Filed

Crown Court Proceedings

Perjury charges proceed to trial in the Crown Court. The accused is arraigned and asked to enter a plea. If a plea of not guilty is entered, the court schedules a trial date.

Trials in Crown Court involve:

• Prosecution opening its case with evidence demonstrating that the defendant gave specific false statements, knew they were false, and that the falsehood was material.
• Defence presenting counterarguments or challenging whether the evidence meets the high standard of proof required (beyond reasonable doubt).
• Jury or judge determining guilt based on all evidence.

Because perjury cases often hinge on interpretation of intent and credibility, they present unique evidential challenges.

Sentence and Ancillary Orders

If convicted, a person may be sentenced to a term of imprisonment of up to seven years, fined, or both. The court may also consider ancillary orders such as costs. Given the serious impact of perjury on legal proceedings, courts view the offence as undermining justice.

Time Limits and Procedural Aspects

There is no fixed statutory time limit for bringing perjury charges once sufficient evidence and prosecutorial authority exist. However, delays between the original proceeding and detection of the falsehood can complicate evidence gathering and affect witness memory, which prosecutors must consider when deciding whether to charge.

Because perjury is only triable on indictment, it cannot be dealt with in a magistrates' court; this reflects its gravity.

Practical Considerations and Risks

Difficulty of Proving Intent

One of the main practical barriers to perjury prosecutions is proving that the defendant knew the statement was false or did not believe it to be true. Simple errors, misunderstandings, or mistaken recollections do not constitute perjury; the prosecution must show deliberate falsity.

Distinguishing Innocent Statements

Statements that contain minor inaccuracies or personal perceptions that later prove incorrect are generally not pursued as perjury. Prosecutors focus on clear and demonstrable lies that were material to the outcome and where corroborative evidence supports intentional deception.

Overlap with Other Offences

In practice, many false statements in criminal proceedings may be prosecuted under other offences such as perverting the course of justice if the conduct goes beyond the narrow definition of perjury or occurs outside sworn testimony.

Common Questions from our Readers

Can someone be charged with perjury for lying during a trial?
Yes, but only where the false statement was made under oath, was materially relevant to the proceedings, and there is corroborative evidence that it was knowingly false.

Is perjury common?
Perjury charges are relatively rare compared with other criminal offences because of the stringent evidential requirements and difficulty in proving deliberate falsehood.

What happens if someone confesses to lying under oath after the trial?
A confession may prompt a police investigation and potential charges, but prosecutors still must satisfy evidential and public interest tests before filing perjury charges. There is no automatic prosecution simply because a confession exists; corroborative evidence remains necessary.

Key Takeaways

Perjury in England and Wales is a statutory offence under the Perjury Act 1911 that applies when someone intentionally makes a false statement under oath in judicial proceedings and that falsehood is material to the case. Investigations may begin during or after criminal proceedings when evidence suggests deliberate deception. Police and prosecutors work together to gather corroborative evidence and apply the Code for Crown Prosecutors before filing charges. Perjury is tried only on indictment in the Crown Court and carries a maximum sentence of up to seven years' imprisonment. Because of the difficulty in proving intent and the strict evidential requirements, perjury prosecutions are pursued only in cases where the integrity of justice is genuinely at risk. Understanding the legal framework and procedural safeguards helps readers appreciate why perjury charges are both serious and relatively uncommon in criminal justice.