Perjury in England and Wales: Elements, Corroboration and Proof, Sentencing, False Statements and Statutory Declarations, and the Relationship with Perverting the Course of Justice

Published by a LexisNexis Corporate Crime expert

Practice notes

in judicial proceedings

Perjury is an indictable-only offence, attracting a maximum of seven years’ imprisonment and/or a fine.

The constituent parts of this offence are set out as follows:

being a witness or an interpreter who has been duly sworn
in judicial proceedings
wilfully making a material statement that is false,
and knowing it is untrue or not believing it to be true

Assisting, encouraging or procuring perjury contrary to section 1 of the Act 1911 (PeA 1911) is likewise an indictable offence and also carries the same ceiling penalty.

Where the principal wrongdoing amounts to a lesser offence triable either way, the maximum sentence available on indictment is two years’ custody and/or a fine; if dealt with summarily, the court may impose an unlimited fine and/or a custodial term not exceeding the general limit in a magistrates’ court (or both). See Practice Note: Sentences imposed following conviction—General limits on magistrates’ courts powers to impose custodial sentences following conviction.

Lawfully sworn

The accused must have been sworn in properly by a court or tribunal with authority to administer oaths.

Someone who is not a competent witness, yet is sworn by error, cannot be prosecuted for perjury...

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Hugo Lodge

2BR

Specialist in AML, ESG and Financial Crime requirements. Experienced barrister, regulator and regulatory partner. Called to the Bar by Gray's Inn, 1998.In private practice, advises on AML, targeted financial sanctions and related compliance for investment managers, fund entities, trust companies and banks in London, Cayman, Dubai, New York and Hong Kong. Experienced on anti-bribery & corruption requirements, and data protection. Published academic author with Oxford University Press on Sanctions, AML and aspects of Counter-Terrorist Financing. Also wrote the Guide to the Criminal Finances Act 2017 for the Law Society of England and Wales. Expert in advising on corporate due diligence and reasonable preventative measures. Experienced jury and appellate advocate.In the public sphere, prosecuted for the UK Department of BIS, and specialist CPS divisions, later practised at 7BR's complex fraud team. Worked at the UK Financial Conduct Authority (Retail Banking, Enforcement and Market...

Web page updated on 21/05/2026

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