ChatterBank20 mins ago
The legal system
3 Answers
I was watching a legal drama the other night, and I was wondering:
If someone pleads not guilty to something, and then gives evidence to the proof of it in their own trial (and defence), and then is found guilty, is there a specific clause/law/statute that lets them off the perjury that they must have committed in giving the evidence that they did?
And if not why can't people then be tried for perjury in their own trial? (Although that would seem bloody minded to say the least)
Thanks
If someone pleads not guilty to something, and then gives evidence to the proof of it in their own trial (and defence), and then is found guilty, is there a specific clause/law/statute that lets them off the perjury that they must have committed in giving the evidence that they did?
And if not why can't people then be tried for perjury in their own trial? (Although that would seem bloody minded to say the least)
Thanks
Answers
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There is no specific law, but generally you would not be charged with perjury for evidence given in your own defence. It is fundamental to the British justice system that a defendant must be allowed to offer evidence in his own defence without the fear of further prosecution for anything that evidence might reveal.
Almost always the jury (or magistrates) are faced with two versions of events and it is their job to decide which they believe. Very often there are a number of witnesses for both sides contributing towards the overall evidence upon which the verdict depends. To single out just one witness (even if it is the defendant who is ultimately convicted) would be manifestly unfair. Taking your suggestion to its extreme, you could also argue that prosecution witnesses might be charged with perjury if the defendant is acquitted.
Where people are charged with perjury it is usually for telling straightforward lies which prejudices or perverts the course of justice. Criminal cases are rarely so straightforward as to depend upon the evidence of just one witness.
Almost always the jury (or magistrates) are faced with two versions of events and it is their job to decide which they believe. Very often there are a number of witnesses for both sides contributing towards the overall evidence upon which the verdict depends. To single out just one witness (even if it is the defendant who is ultimately convicted) would be manifestly unfair. Taking your suggestion to its extreme, you could also argue that prosecution witnesses might be charged with perjury if the defendant is acquitted.
Where people are charged with perjury it is usually for telling straightforward lies which prejudices or perverts the course of justice. Criminal cases are rarely so straightforward as to depend upon the evidence of just one witness.
Similar situation, Will__: felon pleads Not Guilty, found NG and then admits it afterwards (perhaps followed by newspaper deal!)
It used to be that you couldn't be tried twice for the same thing, so they'd remain NG of the original charge, but was anyone ever prosecuted for their perjury? I couldn't think of any.
This can't happen now, as they'd be straight back into court for a second go!
It used to be that you couldn't be tried twice for the same thing, so they'd remain NG of the original charge, but was anyone ever prosecuted for their perjury? I couldn't think of any.
This can't happen now, as they'd be straight back into court for a second go!
A similar case was the trial of Donald Hume for the murder of a car dealer called Stanley Setty. I think it was in the 1950s, and Setty's body was dropped into the sea from an aircraft. Hume pleaded not guilty and was acquitted. He was then safe from prosecution and sold his story to the News of the World. It didn't do him much good though, because he was soon convicted for the murder of a taxi driver in Switzerland.
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