Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
Chapter 7 Administration of justice offences
Part 7.1 Interpretation for ch 7
700 Definitions for ch 7
In this chapter:
"aggravated perjury"—see section 702.
"causes" a detriment or another result—a person causes a detriment or another result if the person's conduct substantially contributes to the detriment or other result.
"evidence" includes anything that may be used as evidence.
"interpreter" includes a person who interprets signs or other things made or done by someone who cannot speak adequately for the purpose of giving evidence in a legal proceeding.
"law enforcement officer" means any of the following:
(a) a police officer;
(b) a member of the police service or force of a State, another Territory or a foreign country;
(c) a person exercising a law enforcement function for the Australian Customs Service or the Australian Crime Commission;
(d) the Attorney-General for the Territory, the Commonwealth, a State or another Territory;
(e) the director of public prosecutions, or a person performing a similar function under a law of the Commonwealth, a State or another Territory;
(f) a person employed in the Office of the Director of Public Prosecutions or a similar entity established under a law of the Commonwealth, a State or another Territory;
(g) any other person responsible for the investigation or prosecution of offences against a territory law, or a law of the Commonwealth, a State or another Territory;
(h) a lawyer to the extent that the lawyer is engaged to prosecute offences against a territory law, or a law of the Commonwealth, a State or another Territory.
"legal proceeding"—see section 701.
"perjury"—see section 703.
"statement" means a statement made orally, in a document or in any other way.
"sworn statement" means a statement made or verified on oath.
Note Oath includes affirmation (see Legislation Act, dict, pt 1).
"subpoena" includes a summons or notice (however described) issued by an entity for a legal proceeding before the entity.
"witness", in a legal proceeding, includes a witness not subpoened as a witness in the proceeding.
701 Meaning of legal proceeding for ch 7
(1) In this chapter:
"legal proceeding" means—
(a) a proceeding in which evidence may be taken on oath; or
(b) a proceeding in which judicial power is exercised; or
(c) a proceeding or anything else that a law declares to be a legal proceeding for this chapter;
but does not include a proceeding or anything else that a law declares not to be a legal proceeding for this chapter.
Note A court, tribunal or other entity authorised by law to hear and decide a matter has power to receive evidence and administer oaths (see Legislation Act, s 178)
(2) A reference to a "legal proceeding" includes a reference to a legal proceeding that has been or may be started.
(3) In this chapter:
"in" a legal proceeding includes for the purposes of the legal proceeding.
(4) A declaration made for subsection (1) about a proceeding or other thing does not imply that, in the absence of a declaration about it, another proceeding is or is not a legal proceeding for this chapter.
Part 7.2 Indictable offences for ch 7
Division 7.2.1 Perjury
(1) A person commits an offence ( aggravated perjury ) if—
(a) the person makes a sworn statement in a legal proceeding with the intention of procuring the person's or someone else's conviction for, or acquittal of, an offence (the relevant offence ); and
(b) the relevant offence is punishable by imprisonment; and
(c) the statement is false; and
(d) the person is reckless about whether the statement is false.
Maximum penalty: 1 400 penalty units, imprisonment for 14 years or both.
(2) An interpreter commits an offence (also aggravated perjury ) if—
(a) the interpreter, by a sworn statement, gives an interpretation of a statement or other thing in a legal proceeding with the intention of procuring someone else's conviction for, or acquittal of, an offence (the relevant offence ); and
(b) the relevant offence is punishable by imprisonment; and
(c) the interpreter's statement is false or misleading; and
(d) the interpreter is reckless about whether the interpreter's statement is false or misleading.
Maximum penalty: 1 400 penalty units, imprisonment for 14 years or both.
Note Sworn statement is defined in s 700.
703 Perjury
(1) A person commits an offence ( perjury ) if—
(a) the person makes a sworn statement in a legal proceeding; and
(b) the statement is false; and
(c) the person is reckless about whether the statement is false.
Maximum penalty: 700 penalty units, imprisonment for 7 years or both.
(2) An interpreter commits an offence (also perjury ) if—
(a) the interpreter, by a sworn statement, gives an interpretation of a statement or other thing in a legal proceeding; and
(b) the interpreter's statement is false or misleading; and
(c) the interpreter is reckless about whether the interpreter's statement is false or misleading.
Maximum penalty: 700 penalty units, imprisonment for 7 years or both.
704 Additional provisions about perjury or aggravated perjury
(1) For the offence of perjury or aggravated perjury, it does not matter whether—
(a) the sworn statement related to something material to the legal proceeding; or
(b) the sworn statement was admitted in evidence in the proceeding; or
(c) the court or other entity dealing with the proceeding had jurisdiction, was properly constituted or was sitting in the proper place; or
(d) the person who made the sworn statement was competent to give evidence in the proceeding; or
(e) there was any formal defect in the sworn statement.
(2) However, a person does not commit perjury or aggravated perjury if the person is not competent under the Evidence Act 1995 (Cwlth), section 13 (Competence: lack of capacity) to give sworn evidence.
(3) If the trier of fact is satisfied beyond reasonable doubt that a person committed perjury or aggravated perjury in relation to 1 of 2 sworn statements made by the person that are irreconcilably in conflict, the trier of fact may find the person guilty of perjury or aggravated perjury even though the trier of fact cannot decide which of the statements is false.
(4) For subsection (3), it does not matter whether the 2 statements were made in the same proceeding.
(5) If a sworn statement is about an opinion of the person making the statement, the statement is false for the offence of perjury or aggravated perjury if the opinion is not genuinely held by the person.
(6) It is not necessary for the conviction of a person for perjury or aggravated perjury that evidence of the perjury be corroborated.
(7) In this section:
"formal defect "includes—
(a) any formal error; and
(b) any irregularity; and
(c) any noncompliance with a rule of court, approved form or rule of practice.
Division 7.2.2 Falsifying, destroying or concealing evidence
705 Making or using false evidence
(1) A person commits an offence if the person makes false evidence with the intention of—
(a) influencing a decision about starting a legal proceeding; or
(b) influencing the outcome of a legal proceeding.
Maximum penalty: 700 penalty units, imprisonment for 7 years or both.
(2) A person commits an offence if—
(a) the person uses false evidence; and
(b) the person—
(i) knows the evidence is false; or
(ii) believes the evidence is false; and
(c) the person is reckless about whether the use of the evidence could—
(i) influence a decision about starting a legal proceeding; or
(ii) influence the outcome of a legal proceeding.
Maximum penalty: 700 penalty units, imprisonment for 7 years or both.
(3) Subsection (2) does not apply to—
(a) a lawyer or person assisting a lawyer who uses the evidence on instructions from a client and does not know that the evidence is false; or
(b) a person who—
(i) is, or may be, involved in a legal proceeding as a law enforcement officer, lawyer, or party (or as a person assisting any of them); and
(ii) uses the evidence for a legitimate forensic purpose in the proceeding.
(4) Subsection (2) (b) (i) does not apply to a person who discloses, when or before using the evidence, that the evidence is false.
(5) Subsection (2) (b) (ii) does not apply to a person who discloses, when or before using the evidence, that the person believes the evidence is false.
(6) In this section:
"legitimate forensic purpose" includes the purpose of demonstrating that evidence is false or misleading.
"make" evidence includes change evidence, but does not include commit perjury or aggravated perjury.
706 Destroying or concealing evidence
(1) A person commits an offence if the person destroys or conceals evidence with the intention of—
(a) influencing a decision about starting a legal proceeding; or
(b) influencing the outcome of a legal proceeding.
Maximum penalty: 700 penalty units, imprisonment for 7 years or both.
(2) In this section:
"destroy" evidence includes—
(a) mutilate or change evidence; and
(b) make evidence illegible, indecipherable or otherwise unable to be identified.
Division 7.2.3 Protection of people involved in legal proceedings
707 Corruption in relation to legal proceedings
(1) A person commits an offence if—
(a) the person—
(i) provides a benefit to someone else; or
(ii) causes a benefit to be provided to someone else; or
(iii) offers to provide, or promises to provide, a benefit to someone else; or
(iv) causes an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to someone else; and
(b) the person does so with the intention that the other person or a third person will—
(i) not attend as a witness, interpreter or juror in a legal proceeding; or
(ii) give false or misleading evidence in a legal proceeding; or
(iii) withhold true evidence in a legal proceeding; or
(iv) give a false or misleading interpretation as an interpreter in a legal proceeding; or
(v) improperly make a decision as a juror in a legal proceeding; or
(vi) improperly influence a juror in a legal proceeding.
Maximum penalty: 700 penalty units, imprisonment for 7 years or both.
(2) A person commits an offence if—
(a) the person—
(i) asks for a benefit for the person or someone else; or
(ii) obtains a benefit for the person or someone else; or
(iii) agrees to obtain a benefit for the person or someone else; and
(b) the person does so with the intention that, or with the intention of inducing, fostering or sustaining a belief that, the person or someone else will—
(i) not attend as a witness, interpreter or juror in a legal proceeding; or
(ii) give false or misleading evidence in a legal proceeding; or
(iii) withhold true evidence in a legal proceeding; or
(iv) give a false or misleading interpretation as an interpreter in a legal proceeding; or
(v) improperly make a decision as a juror in a legal proceeding; or
(vi) improperly influence a juror in a legal proceeding.
Maximum penalty: 700 penalty units, imprisonment for 7 years or both.
(3) For this section, a person ( A ) is taken to obtain a benefit for someone else ( B ) if A induces a third person to do something that results in B obtaining the benefit.
708 Deceiving witness, interpreter or juror
A person commits an offence if the person deceives someone else with the intention that the other person or a third person will—
(a) not attend as a witness, interpreter or juror in a legal proceeding; or
(b) give false or misleading evidence in a legal proceeding; or
(c) withhold true evidence in a legal proceeding.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
709 Threatening etc witness, interpreter or juror
A person commits an offence if the person causes or threatens to cause a detriment to someone else with the intention that the other person or a third person will—
(a) not attend as a witness, interpreter or juror in a legal proceeding; or
(b) give false or misleading evidence in a legal proceeding; or
(c) withhold true evidence in a legal proceeding; or
(d) give a false or misleading interpretation as an interpreter in a legal proceeding; or
(e) improperly make a decision as a juror in a legal proceeding; or
(f) improperly influence a juror in a legal proceeding.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
710 Preventing attendance etc of witness, interpreter or juror
A person commits an offence if the person, by his or her conduct, intentionally prevents someone else from—
(a) attending as a witness, interpreter or juror in a legal proceeding; or
(b) answering a question the other person is required by law to answer in a legal proceeding.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
711 Preventing production of thing in evidence
A person commits an offence if the person, by his or her conduct, intentionally prevents someone else from producing in evidence in a legal proceeding a document or other thing that is required by law to be produced.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
712 Reprisal against person involved in proceeding
(1) A person commits an offence if the person causes or threatens to cause a detriment to a person involved in a legal proceeding—
(a) because of something done by the involved person in the proceeding; and
(b) in the belief that the involved person was an involved person who had done that thing.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
(2) In this section:
"interpreter" includes a person who attends in the proceeding as an interpreter but is not called as an interpreter.
"involved person", in relation to a legal proceeding, means—
(a) a judge, magistrate or member of a tribunal or other entity the proceeding is before; or
(b) a registrar, deputy registrar or other official of the court, tribunal or other entity the proceeding is before; or
(c) a witness, interpreter, juror or lawyer involved in the proceeding; or
(d) for a criminal proceeding—a complainant, informant or party to the proceeding.
"witness" includes a person who attends in the proceeding as a witness but is not called as a witness.
Division 7.2.4 Perverting the course of justice and related offences
713 Perverting the course of justice
(1) A person commits an offence if the person, by his or her conduct, intentionally perverts the course of justice.
Maximum penalty: 700 penalty units, imprisonment for 7 years or both.
(2) In this section:
"perverts" includes obstructs, prevents and defeats.
714 Publication that could cause miscarriage of justice
(1) A person commits an offence if—
(a) the person publishes something that could cause a miscarriage of justice in a legal proceeding; and
(b) the person does so with the intention of causing a miscarriage of justice in the proceeding.
Maximum penalty: 1 000 penalty units, imprisonment for 10 years or both.
(2) A person commits an offence if—
(a) the person publishes something that could cause a miscarriage of justice in a legal proceeding; and
(b) the person is reckless about whether publishing the thing could cause a miscarriage of justice in the proceeding.
Maximum penalty: 700 penalty units, imprisonment for 7 years or both.
715 False accusation of offence
(1) A person commits an offence if the person makes an accusation to a law enforcement officer that someone else has committed an offence—
(a) knowing or believing that the other person did not commit the offence; and
(b) intending that—
(i) the other person will be charged with committing the offence; or
(ii) law enforcement officers will be deflected from prosecuting the offender.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
(2) Subsection (1) (b) (i) does not apply to a law enforcement officer exercising his or her functions as a law enforcement officer if the officer—
(a) does not know that the other person did not commit the offence; and
(b) believes that there are reasonable grounds for charging the other person with the offence.
(3) A law enforcement officer commits an offence if the officer charges someone with an offence knowing that the person did not commit the offence.
Maximum penalty: 1 000 penalty units, imprisonment for 10 years or both.
716 Compounding of offence
(1) A person commits an offence if—
(a) the person—
(i) provides a benefit to someone else; or
(ii) causes a benefit to be provided to someone else; or
(iii) offers to provide, or promises to provide, a benefit to someone else; or
(iv) causes an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to someone else; and
(b) the person does so with the intention that the other person or a third person will—
(i) conceal the commission of an offence; or
(ii) not start, or discontinue or delay, a prosecution for an offence; or
(iii) withhold information, or provide false or misleading information, in relation to the commission of an offence; or
(iv) obstruct or hinder the investigation of an offence by law enforcement officers.
Maximum penalty: 700 penalty units, imprisonment for 7 years or both.
(2) A person commits an offence if—
(a) the person—
(i) asks for a benefit for the person or someone else; or
(ii) obtains a benefit for the person or someone else; or
(iii) agrees to obtain a benefit for the person or someone else; and
(b) the person does so with the intention that, or with the intention of inducing, fostering or sustaining a belief that, the person or someone else will—
(i) conceal the commission of an offence; or
(ii) not start, or discontinue or delay, a prosecution for an offence; or
(iii) withhold information, or provide false or misleading information, in relation to the commission of an offence; or
(iv) obstruct or hinder the investigation of an offence by law enforcement officers.
Maximum penalty: 700 penalty units, imprisonment for 7 years or both.
(3) For this section, a person ( A ) is taken to obtain a benefit for someone else ( B ) if A induces a third person to do something that results in B obtaining the benefit.
717 Accessory after the fact
(1) A person (the accessory ) commits an offence if—
(a) someone else (the principal offender ) has committed an offence; and
(b) the accessory assists the principal offender—
(i) knowing the principal offender committed the offence; or
(ii) believing the principal offender committed the offence or a related offence; and
(c) the accessory does so with the intention of allowing the principal offender to—
(i) escape apprehension or prosecution; or
(ii) obtain, keep or dispose of the proceeds of the offence.
Maximum penalty:
(a) if the offence committed by the principal offender is murder—imprisonment for 20 years, 2 000 penalty units or both; or
(b) if the offence committed by the principal offender has a maximum penalty of at least 2 000 penalty units, imprisonment for 20 years or both (but is not murder)—1 500 penalty units, imprisonment for 15 years or both; or
(c) if the offence committed by the principal offender has a maximum penalty of at least 1 500 penalty units, imprisonment for 15 years or both but less than 2 000 penalty units, imprisonment for 20 years or both—700 penalty units, imprisonment for 7 years or both; or
(d) if the offence committed by the principal offender has a maximum penalty of at least 1 000 penalty units, imprisonment for 10 years or both but less than 1 500 penalty units, imprisonment for 15 years or both—500 penalty units, imprisonment for 5 years or both; or
(e) in any other case—the lesser of—
(i) 300 penalty units, imprisonment for 3 years or both; and
(ii) the maximum penalty for the principal offence.
(2) However, if the offence the accessory believes the principal offender committed is not the offence the principal offender committed, the maximum penalty is the lesser of—
(a) the maximum penalty applying under subsection (1); and
(b) the maximum penalty that would apply under that subsection if the principal offender had committed the offence the accessory believed the principal offender had committed.
(3) For this section, an offence the accessory believes the principal offender committed is a related offence to the offence the principal offender committed if the circumstances in which the accessory believes the offence to have been committed are the same, or partly the same, as the circumstances in which the actual offence was committed.
(4) It is not an offence to attempt to commit an offence against this section.
Part 7.2 Summary offences for ch 7
718 Pleading guilty in another's name
(1) A person commits an offence if the person pleads guilty to a charge for an offence knowing the charge is in someone else's name.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2) In a prosecution for an offence against this section it is not necessary to prove the identity or existence of the other person.
719 Failing to attend
(1) A person commits an offence if—
(a) the person is served with a subpoena to attend to give evidence or information, or answer questions, in a legal proceeding; and
(b) the person—
(i) fails to attend as required by the subpoena; or
(ii) fails to continue to attend until excused from further attendance.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2) This section does not apply if the person has a reasonable excuse.
720 Failing to produce document or other thing
(1) A person commits an offence if—
(a) the person—
(i) is served with a subpoena to produce a document or other thing in a legal proceeding; or
(ii) is otherwise required by law to produce a document or other thing in a legal proceeding; and
(b) the person fails to produce the document or other thing as required by the subpoena or other requirement.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.
(2) This section does not apply if the person has a reasonable excuse.
721 Failing to take oath
(1) A person commits an offence if—
(a) the person is required by law to take an oath to give evidence in a legal proceeding; and
(b) the person fails to take the oath when required.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2) This section does not apply if the person has a reasonable excuse.
722 Failing to answer question or give information
(1) A person commits an offence if—
(a) the person is required by law to answer a question or give information in a legal proceeding; and
(b) the person fails to answer the question or give the information when required.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.
(2) This section does not apply if the person has a reasonable excuse.
723 Making etc false or misleading statements in legal proceeding
(1) A person commits an offence if—
(a) the person makes a sworn or unsworn statement in a legal proceeding before a court; and
(b) the statement is false; and
(c) the person is reckless about whether the statement is false.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2) A person commits an offence if—
(a) the person makes a sworn or unsworn statement in a legal proceeding before an entity that is not a court; and
(b) the statement is false or misleading; and
(c) the person is reckless about whether the statement is false or misleading.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(3) Subsection (2) (b) and (c) does not apply if the statement is not false or misleading in a material particular.
(4) Subsections (1) and (2) do not apply in relation to an unsworn statement if, before the statement was made, the entity did not take reasonable steps to tell the person making the statement about the existence of the offence against the subsection.
(5) For subsection (4), it is sufficient if the following form of words is used:
‘Making false or misleading statements is a serious offence'.
(6) A person commits an offence if—
(a) the person files or gives a sworn document in a legal proceeding; and
(b) the document contains false or misleading information; and
(c) the person is reckless about whether the document contains false or misleading information.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(7) Subsection (6) does not apply to—
(a) a lawyer or person assisting a lawyer who—
(i) files or gives the document on instructions from a client; and
(ii) does not know the document contains false or misleading information; or
(b) a person involved in the legal proceeding as a law enforcement officer, lawyer, or party (or as a person assisting any of them) who files or gives the document for a legitimate forensic purpose; or
(c) a person who, when filing or giving the document, discloses that it contains or may contain false or misleading information.
(8) Also, subsection (6) (b) and (c) does not apply if the information is not false or misleading in a material particular.
(9) In this section:
"file" includes lodge for filing.
"legitimate forensic purpose"—see section 705 (6).
"unsworn statement" means a statement that is not made or verified on oath.
Note Sworn statement is defined in s 700.
724 Obstructing etc legal proceeding
A person commits an offence if the person—
(a) intentionally obstructs or hinders a court, tribunal, commission, board or other entity in the exercise of its functions in a legal proceeding; or
(b) intentionally causes a substantial disruption to a legal proceeding before a court, tribunal, commission, board or other entity.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
725 Obstructing or hindering investigation
A person commits an offence if the person does something with the intention of obstructing or hindering the investigation of an offence by a law enforcement officer.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Part 7.3 Procedural matters for ch 7
726 Consent required for certain prosecutions
(1) A proceeding for an offence against any of the following provisions must not be started without the consent of the Attorney-General or the director of public prosecutions:
(a) section 702 (Aggravated perjury);
(b) section 703 (Perjury);
(c) section 707 (Corruption in relation to legal proceedings);
(d) section 708 (Deceiving witness, interpreter or juror);
(e) section 709 (Threatening etc witness, interpreter or juror);
(f) section 716 (Compounding of offence);
(g) section 717 (Accessory after the fact).
(2) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence mentioned in subsection (1) before the consent has been given.
727 Alternative verdicts—aggravated perjury and perjury
(1) This section applies if, in a prosecution for an offence against section 702, the trier of fact is not satisfied that the defendant committed the offence but is satisfied beyond reasonable doubt that the defendant committed an offence against section 703.
(2) The trier of fact may find the defendant guilty of the offence against section 703, but only if the defendant has been given procedural fairness in relation to that finding of guilt.
728 Alternative verdicts—perverting the course of justice and publication that could cause miscarriage of justice
(1) This section applies if, in a prosecution for an offence against section 714, the trier of fact is not satisfied that the defendant committed the offence but is satisfied beyond reasonable doubt that the defendant committed an offence against section 713.
(2) The trier of fact may find the defendant guilty of the offence against section 713, but only if the defendant has been given procedural fairness in relation to that finding of guilt.