The Offences

Perverting the Course of Justice

Perverting the course of justice is a serious offence. It can only be tried on indictment and carries a maximum sentence of life imprisonment. The offence is committed where a person:

• does an act (a positive act or series of acts is required; mere inaction is insufficient);
• which has a tendency to pervert; and
• which is intended to pervert the course of public justice.

Wasting Police Time

The offence of wasting police time (section 5(2) of the Criminal Law Act 1967) is committed when a person:

Causes wasteful employment of the police by knowingly making to any person, a false report orally or in writing tending to:

• show that an offence has been committed;
• give rise to apprehension for the safety of any persons or property; or
• show that he has information material to any police inquiry.

Specific Public Interest Factors

A prosecution for perverting the course of justice is more likely to be required where:

• a false complaint was motivated by malice;
• a false complaint was sustained over a period of time (particularly where there were opportunities to retract);
• the person originally accused was charged and remanded in custody;
• the person originally accused was tried, convicted and / or sentenced;
• the suspect has previous convictions or out-of-court disposals relevant to this offence, or a history of making demonstrably false complaints. This needs to be carefully assessed – a history of withdrawing support for allegations will not necessarily amount to a propensity to make false allegations for the reasons set out above. This will only be a relevant factor if there is clear evidence of such a history;
• the person originally accused was in a vulnerable position or had been taken advantage of; and / or
• the person originally accused has sustained significant damage to his or her reputation.

When wasting police time is being considered as the appropriate charge, a prosecution is more likely to be required where:

• public / police resources being diverted for the purposes of investigation for a sufficient period;
• where a substantial cost is incurred – for example, where expensive scientific examination has to be undertaken;
• considerable distress is caused to the accused by the reporting;
• where the false report alleges that a particularly grave offence has been committed;
• there is significant premeditation in the making of the report; or
• the complainant persists with the allegation, even when challenged.

https://www.cps.gov.uk/legal-guidance/false-allegations-rape-andor-domestic-abuse-see-guidance-charging-perverting-course