This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn how plea hearings for perjury cases in England and Wales are conducted, including where and when pleas are entered in the Crown Court, what happens after guilty and not guilty pleas, defendants' rights during plea hearings, and how the process affects subsequent trial and sentencing stages.
Perjury is one of the most serious criminal offences in the legal system of England and Wales. At its heart, it involves knowingly making a false statement under oath in judicial proceedings or knowingly giving materially false evidence. The offence is created by section 1 of the Perjury Act 1911, and if proven, can attract significant prison sentences on conviction.
Because perjury is an offence that undermines the integrity of the justice system, it is triable on indictment at the Crown Court rather than in a Magistrates' Court. This means that plea hearings and the subsequent handling of the case follow procedures typical of serious criminal matters in that court.
This article explains what happens during a plea hearing in a perjury case, including how and where pleas are entered, the key stages of the hearing, the rights of defendants, and what the plea means for the next steps in the criminal process.
Understanding Perjury and the Nature of the Offence
Perjury occurs when a person, who has lawfully sworn to tell the truth, wilfully makes a false statement they know to be false or do not believe to be true, and that statement is material to the proceedings.
In contrast to minor offences handled in local courts, perjury is treated as an indictable offence, meaning the matter must be dealt with in the Crown Court, where trials by jury are standard and the court has the appropriate sentencing powers for serious criminal conduct.
Initial Court Appearances and Plea Stages
First Hearing in the Magistrates' Court
For all criminal charges, the first appearance is usually in the Magistrates' Court. At this stage:
- The court clerk confirms the defendant's identity and attends to administrative matters.
- For indictable only offences like perjury, there is no formal plea entered in the Magistrates' Court. Instead, the court records an indication of plea where possible and sends the case to the Crown Court.
This step ensures that the case is properly transferred up the criminal justice hierarchy because the magistrates do not have the legal power to conduct a trial or impose the full range of sentences for serious offences like perjury.
Arraignment at the Crown Court
Once the case reaches the Crown Court, the first substantive hearing is typically the Plea and Trial Preparation Hearing (PTPH) or else a similar arraignment stage:
- Reading of the Indictment:
A court official reads out the formal indictment containing the specific counts of perjury the defendant faces. - Entering the Plea:
The defendant is asked whether they plead guilty or not guilty to each count. If the defendant does not answer, the court will enter a plea of not guilty on their behalf to ensure the case can proceed.
This stage is critical in shaping the rest of the criminal proceedings in a perjury case.
What Happens if a Guilty Plea Is Entered
If the defendant pleads guilty to one or more counts of perjury:
- The court can proceed to sentence at the same hearing or adjourn for the preparation of a pre-sentence report by the probation service, which assists the judge in deciding an appropriate penalty.
- Guilty pleas at an early stage are recognised in sentencing principles, meaning defendants may receive a reduced sentence compared with pleading guilty later.
Perjury carries a maximum sentence of up to seven years' imprisonment upon conviction. Because of this severity, sentencing hearings for perjury may take longer to prepare than for less serious offences.
What Happens if a Not Guilty Plea Is Entered
A plea of not guilty to perjury charges triggers the standard criminal trial process:
- The court sets directions for case preparation, including deadlines for evidence disclosure, witness lists, and legal arguments from both prosecution and defence.
- A trial date will be fixed, at which a jury will hear the evidence and decide the defendant's guilt or innocence.
- Both sides prepare for trial in accordance with the Criminal Procedure Rules, ensuring fairness and proper management of the case.
Because perjury trials involve the evaluation of sworn evidence and credibility assessments, they can be complex and require detailed preparation.
Defendants' Rights and Court Procedures
Right to Legal Representation
Defendants accused of perjury have the right to be represented by a solicitor and, usually, a barrister in the Crown Court. Legal representation is essential for understanding the charges, evaluating evidence, preparing pleas, and mounting a defence.
Fair Hearing and Understanding the Charge
The court must ensure that the defendant understands the indictment before a plea is accepted. This procedural safeguard upholds fairness and reflects the principles embedded in the Criminal Procedure Rules.
Pre-Plea Legal Considerations
Before entering a formal plea, defence and prosecution may engage in pre-plea discussions. While specific plea discussion guidelines exist for serious or complex cases (such as in fraud), similar principles apply where negotiating the precise basis of a plea and mitigating factors can matter to eventual sentencing.
Practical Context and Examples
Because perjury relates to testimony and sworn statements given in judicial proceedings, the context of charges can vary widely – from false testimony in civil litigation to lying under oath in criminal trials. Regardless of context, the plea process at the Crown Court remains the same.
For example, if a person is accused of knowingly giving false evidence during a trial, their case would be sent to the Crown Court, arraigned before a judge, and a plea taken. If not guilty pleas are entered, the prosecution must prepare to present admissible evidence that contradicts the defendant's sworn statements at trial.
Key Takeaways
- Perjury is a serious indictable offence under the Perjury Act 1911, involving knowingly false statements in judicial proceedings.
- Plea hearings in perjury cases occur in the Crown Court, not the Magistrates' Court, because of the gravity of the offence.
- The Crown Court's Plea and Trial Preparation Hearing is where the formal plea of guilty or not guilty is entered.
- A guilty plea can lead to sentencing or adjournment for reports, with reductions for early admission of guilt.
- A not guilty plea leads to trial preparation and setting of a trial date under structured directions.
- Defendants have the right to legal representation and to understand the indictment before pleading.
