02.04.2013 Views

Odger's English Common Law

Odger's English Common Law

Odger's English Common Law

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Chapter VI.<br />

OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE.<br />

It is of national importance that the administration of<br />

justice in our law Courts should be pure and unsullied, free<br />

from all suspicion of bias or prejudice, firm and impartial in<br />

the strict administration of law to persons of all classes alike.<br />

Legal proceedings must not be made the instrument of<br />

extortion or oppression, nor must the Courts be misled by<br />

perjury or fraud. Their decrees, when once pronounced, must<br />

be effective and rigidly enforced by the strong arm of the law.<br />

"We will examine first the precautions which are taken<br />

with the object of securing that all evidence given in our law<br />

Courts shall be true.<br />

False Evidence.<br />

If any person who has been lawfully sworn as a witness or<br />

as an interpreter in a judicial proceeding wilfully makes a<br />

statement material in that proceeding, which he knows to be<br />

false or does not believe to be true, he is guilty of perjury.<br />

This offence seems not to have been treated as a crime till the<br />

year 1613. It is now a statutory misdemeanour, punishable<br />

with seven years' penal servitude. 1<br />

in detail on pp. 195 et seq.<br />

This crime is dealt with<br />

Subornation of perjury was made penal before perjury<br />

itself—namely in 1540. It consists in hiring or procuring<br />

another person to make a false statement on oath under uuch<br />

circumstances as would constitute perjury in the suborner.<br />

To amount to subornation the oath must be in fact taken and<br />

the false statement actually made : otherwise the would-be<br />

suborner is guilty only of inciting.<br />

"Every person, who aids, abets, counsels, procures or<br />

suborns another person to commit an offence against this Act,<br />

B.C.L.<br />

» Perjury Ac\ 1911 (1 & 2 Geo. V. c. 6), s. 1 (1).<br />

13

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!