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 what perjury is in England and Wales: the legal definition under the Perjury Act 1911, how it applies in judicial proceedings, essential elements and requirements, how prosecutions work, possible penalties and key differences from related offences. Clear, authoritative legal guidance for the public and professionals.
Perjury is a serious criminal offence in the legal system of England and Wales. It involves knowingly making false statements under oath during judicial proceedings. Because it threatens the integrity of courts and tribunals, perjury is prosecuted rigorously and carries significant penalties, including imprisonment. This article explains what perjury is, how it is defined in law, when it applies, how cases are investigated and prosecuted, potential penalties, and practical considerations if you are involved in legal proceedings. It aims to be clear and accessible for members of the public, students, and solicitors alike.
What Is Perjury?
In law, perjury is the offence of wilfully making a false statement under oath in judicial proceedings, when the person knows the statement is false or does not believe it to be true, and the statement is material to the case. The offence applies to witnesses and interpreters who have been legally sworn to tell the truth.
A judicial proceeding includes hearings in courts, tribunals and other bodies with legal authority to receive evidence on oath. For perjury to have occurred, the false statement must be about matters that could influence the outcome of the proceedings.
Legal Basis: The Perjury Act 1911
The offence of perjury in England and Wales is principally created by the Perjury Act 1911. Under section 1(1) of that Act, a person commits perjury if:
- They are lawfully sworn as a witness or interpreter in a judicial proceeding;
- They wilfully make a false statement about something material to those proceedings;
- They know the statement is false or do not believe it to be true.
For the purposes of the Act, a “judicial proceeding” is interpreted to include any hearing before a court, tribunal, or other legally recognised body authorised to administer oaths.
How the Offence Works in Practice
Materiality and Intent
Not every incorrect statement made in court is perjury. The key elements are:
- Materiality – the false statement must be relevant to an issue in the case. If it would not affect the outcome, it may not constitute perjury.
- Knowledge and Intent – the person must know the statement is false or be reckless about its truth. Honest mistakes or faulty memory, without intent to deceive, do not usually meet the legal test for perjury.
Corroboration Requirement
A conviction for perjury cannot be based solely on the testimony of a single witness claiming that the statement was false. There must be additional evidence to demonstrate the falsity of the statement, for example, a document or another witness that contradicts the sworn evidence.
Related Offences
The Perjury Act also recognises offences related to perjury, such as:
- Subornation of perjury – encouraging or procuring someone else to commit perjury.
- False unsworn statements in contexts outside strict judicial proceedings under some provisions.
Investigation and Prosecution
Perjury cases are typically investigated by law enforcement agencies or prosecuting authorities when there are clear signs that a person has deliberately lied under oath. These investigations may examine court transcripts, evidence records and other documentation. Once sufficient evidence exists, the Crown Prosecution Service (CPS) decides whether to prosecute, based on whether there is a realistic prospect of conviction and if prosecution is in the public interest.
Perjury charges are triable only on indictment, meaning cases must be heard in the Crown Court rather than the Magistrates' Court. This reflects the seriousness of the offence and the complexity of perjury prosecutions.
Penalties for Perjury
If convicted of perjury, a person can face:
- Imprisonment for up to seven years;
- A fine;
- Or both imprisonment and a fine.
The severity of the penalty reflects the importance of truthful testimony to the administration of justice. Because perjury can lead to wrongful convictions or acquittals, courts treat it as a grave breach of legal duty.
Differences From Other Offences
Perjury is distinct from other offences that involve false statements, such as:
- Making false statements outside court – This may be addressed under other statutes or common law offences, but is not perjury unless the falsehood is under oath and in a judicial context.
- Perverting the course of justice – This broader offence covers any act intended to interfere with the criminal justice process, such as fabricating evidence or providing false information to police. While perjury can form part of such conduct, perverting the course of justice has a separate legal definition and can attract different penalties.
Practical Considerations
When Might Perjury Arise?
Perjury most often arises in formal legal settings, including:
- Civil trials before the Crown Court or High Court;
- Criminal trials where witnesses give sworn evidence;
- Tribunal proceedings where witnesses or parties are required to swear an oath or affirm to tell the truth.
It is equally relevant whether the testimony is given orally in court or in written affidavits, declarations or statements intended to be used in proceedings, provided they are made under oath.
Consequences Beyond Criminal Penalties
A perjury conviction can also have long‑term personal and professional consequences, such as damage to reputation, loss of employment and restrictions on participation in legal or professional activities.
Protecting Your Rights
If you are involved in legal proceedings, it is crucial to:
- Provide honest and accurate evidence;
- Seek guidance from a solicitor if you are uncertain how to answer a question;
- Understand that making genuine mistakes is not perjury, but deliberate falsehoods can lead to prosecution.
Key Takeaways
Perjury is a statutory criminal offence in England and Wales under the Perjury Act 1911. It occurs when a lawfully sworn witness or interpreter makes a false material statement in judicial proceedings, knowing it to be false or not believing it to be true. The offence is treated seriously, with a maximum sentence of seven years imprisonment and possible fines. Corroboration is required for conviction, and perjury cases are heard in the Crown Court. Understanding perjury helps support the integrity of the legal process and reminds witnesses and participants of their duty to tell the truth.
