Perjury Act 1911

Last updated

Perjury Act 1911 [1]
Act of Parliament
Coat of arms of the United Kingdom (1901-1952).svg
Long title An Act to consolidate and simplify the Law relating to Perjury and kindred offences.
Citation 1 & 2 Geo. 5. c. 6
Territorial extent  England and Wales [2]
Dates
Royal assent 29 June 1911
Commencement 1 January 1912 [3]
Other legislation
Repeals/revokes Perjury Act 1562, Perjury Act 1728
Amended by Criminal Justice Act 1925
Statute Law Revision Act 1927
Administration of Justice (Miscellaneous Provisions) Act 1933
Criminal Justice Act 1948
Criminal Justice Act 1967
Criminal Law Act 1967
Evidence (Proceedings in other Jurisdictions) Act 1975
Administration of Justice Act 1977
Criminal Attempts Act 1981
Prosecution of Offences Act 1985
Marriage (Prohibited Degrees of Relationship) Act 1986
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

The Perjury Act 1911 (1 & 2 Geo. 5. c. 6) is an act of the Parliament of the United Kingdom. It creates the offence of perjury and a number of similar offences.

Contents

This Act has effect as if section 89 of the Criminal Justice Act 1967 and section 80 of the Civil Partnership Act 2004 were contained in this act. [4] [5]

Section 1 - Perjury

This section creates the offence of perjury.

Section 1A - False unsworn statement under Evidence (Proceedings in other Jurisdictions) Act 1975

This section was inserted by section 8(1) of, and Schedule 1 to, the Evidence (Proceedings in other Jurisdictions) Act 1975. It provides:

If any person, in giving any testimony (either orally or in writing) otherwise than on oath, where required to do so by an order under section 2 of the Evidence (Proceedings in other Jurisdictions) Act 1975, makes a statement -

(a) which he knows to be false in a material particular, or
(b) which is false in a material particular and which he does not believe to be true,

he shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both. [6]

This offence is triable either way. [7] A person guilty of this offence is liable, on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both, or, summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum, or to both. [8]

Section 7 - Aiders, abettors, suborners, etc

Section 7(1) is redundant. [9]

Section 9 - Power to direct a prosecution for perjury

This section was repealed [10] for England and Wales [11] on 1 April 1986. [12]

Section 10 - Jurisdiction of quarter sessions

This section was repealed by section 10(2) of, and Part II of Schedule 3 to, the Criminal Law Act 1967.

Section 11 - Application of Vexatious Indictments Act 1859

This section was repealed by section 10 of, and Schedule 3 to, the Administration of Justice (Miscellaneous Provisions) Act 1933.

Section 13 - Corroboration

This section provides:

A person shall not be liable to be convicted of any offence against this Act, or of any offence declared by any other Act to be perjury or subornation of perjury, or to be punishable as perjury or subornation of perjury, solely upon the evidence of one witness as to the falsity of any statement alleged to be false. [13]

The following cases are relevant to the interpretation of this section:

Section 17 - Repeals

This section was repealed by the Statute Law Revision Act 1927.

Section 18 - Extent

This section reads:

This Act shall not extend to Scotland or Ireland. [14]

The reference to Ireland must now be construed as a reference to Northern Ireland. [15]

Section 19 - Short title and commencement

So much of this section as related commencement was repealed by the Statute Law Revision Act 1927.

Schedule

The Schedule was repealed by the Statute Law Revision Act 1927.

Related Research Articles

Perjury is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding.

Perverting the course of justice is an offence committed when a person prevents justice from being served on themselves or on another party. In England and Wales it is a common law offence, carrying a maximum sentence of life imprisonment. Statutory versions of the offence exist in Australia, Canada, Fiji, Ireland, and New Zealand. The Scottish equivalent is defeating the ends of justice, although charges of attempting to pervert the course of justice are also raised in Scotland, while the South African counterpart is defeating or obstructing the course of justice. A similar concept, obstruction of justice, exists in United States law.

Assault occasioning grievous bodily harm is a term used in English criminal law to describe the severest forms of battery. It refers to two offences that are created by sections 18 and 20 of the Offences against the Person Act 1861. The distinction between these two sections is the requirement of specific intent for section 18; the offence under section 18 is variously referred to as "wounding with intent" or "causing grievous bodily harm with intent", whereas the offence under section 20 is variously referred to as "unlawful wounding", "malicious wounding" or "inflicting grievous bodily harm".

<span class="mw-page-title-main">Theft Act 1978</span> United Kingdom legislation

The Theft Act 1978 is an act of the Parliament of the United Kingdom. It supplemented the earlier deception offences contained in sections 15 and 16 of the Theft Act 1968 by reforming some aspects of those offences and adding new provisions. See also the Fraud Act 2006.

Assault occasioning actual bodily harm is a statutory offence of aggravated assault in England and Wales, Northern Ireland, the Australian Capital Territory, New South Wales, Hong Kong and the Solomon Islands. It has been abolished in the Republic of Ireland and in South Australia, but replaced with a similar offence.

Common assault is an offence in English law. It is committed by a person who causes another person to apprehend the immediate use of unlawful violence by the defendant. In England and Wales, the penalty and mode of trial for this offence is provided by section 39 of the Criminal Justice Act 1988.

Violent disorder is a statutory offence in England and Wales. It is created by section 2(1) of the Public Order Act 1986. Sections 2(1) to (4) of that Act provide:

<span class="mw-page-title-main">Official Secrets Act 1911</span> United Kingdom legislation

The Official Secrets Act 1911 was an Act of the Parliament of the United Kingdom. It replaced the Official Secrets Act 1889.

Conspiracy to defraud is an offence under the common law of England and Wales and Northern Ireland.

Obtaining pecuniary advantage by deception was formerly a statutory offence in England and Wales and Northern Ireland. It was replaced with the more general offence of fraud by the Fraud Act 2006. The offence still exists in certain other common law jurisdictions which have copied the English criminal model.

In United Kingdom law, dangerous driving is a statutory offence related to aggressive driving. It is also a term of art used in the definition of the offence of causing death by dangerous driving. It replaces the former offence of reckless driving. Canada's Criminal Code has equivalent provisions covering dangerous driving.

Obtaining property by deception was formerly a statutory offence in England and Wales and Northern Ireland.

Polygamous marriages may not be performed in the United Kingdom, and if a polygamous marriage is performed, the already-married person may be guilty of the crime of bigamy under section 11 of the Matrimonial Causes Act 1973.

<span class="mw-page-title-main">Official Secrets Act 1920</span> United Kingdom legislation

The Official Secrets Act 1920 was an Act of the Parliament of the United Kingdom.

Rape is a statutory offence in England and Wales. The offence is created by section 1 of the Sexual Offences Act 2003:

(1) A person (A) commits an offence if—

(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
(3) Sections 75 and 76 apply to an offence under this section.

(4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

Causing bodily harm by wanton or furious driving is a statutory offence in England and Wales and Northern Ireland. It has been abolished in the Republic of Ireland.

Abstracting electricity is a statutory offence of dishonestly using, wasting, or diverting electricity, covered by different legislation in England and Wales, Northern Ireland and the Republic of Ireland. The law applies, for instance, in cases of bypassing an electricity meter, reconnecting a disconnected meter, or unlawfully obtaining a free telephone call. In Low v Blease [1975] Crim LR 513 it was held that electricity could not be stolen as it is not property within the meaning of section 4 of the Theft Act 1968. In one reported case in 2015 a man was arrested for abstracting electricity by charging his mobile telephone on a train, but was ultimately not charged. Before the Computer Misuse Act 1990 those who misused computers ("hackers") were charged with abstracting electricity, as no other law applied.

Assault with intent to resist arrest is a statutory offence of aggravated assault in England and Wales and Northern Ireland and the Republic of Ireland.

Soliciting to murder is a statutory offence of incitement in England and Wales and Northern Ireland and the Republic of Ireland.

Conspiracy to murder is a statutory offence defined by the intent to commit murder.

References