Obstruction Of Justice Case Law
๐น What is Obstruction of Justice?
Obstruction of justice refers to actions that impede, obstruct, or interfere with the administration of justice, including investigations, prosecutions, court proceedings, or the enforcement of the law.
In the UK, obstruction offences are not usually codified under a single statute but exist through common law and statutory offences related to:
Perverting the course of justice
Interfering with witnesses or jurors
Falsifying evidence
Failing to comply with court orders or investigations
๐น Common Law Offence: Perverting the Course of Justice
This is the umbrella offence that covers many acts of obstruction.
Elements:
A dishonest act
That tends to pervert or obstruct the course of public justice
Acts include fabricating evidence, intimidating witnesses, or misleading police
๐น Key Statutory Offences Related to Obstruction:
Criminal Justice and Public Order Act 1994, Section 51B โ Intimidating witnesses or jurors
Contempt of court โ Disobeying court orders or interfering with court process
Bribery Act 2010 โ Bribing officials to interfere with justice
๐น Landmark Case Law on Obstruction of Justice
1. R v. Withers [1973] AC 854
Facts:
The defendant gave false evidence in court to mislead the judge.
Held:
The House of Lords held that knowingly giving false evidence with the intention of misleading the court constituted perverting the course of justice.
Significance:
Established that dishonesty and intention to mislead are key elements.
2. R v. OโHara [1995] 1 Cr App R 91
Facts:
The defendant attempted to influence a witness to withdraw testimony.
Held:
Conviction for attempted perverting the course of justice upheld. Intimidation of witnesses is a serious offence.
Significance:
Confirmed witness intimidation as obstruction.
3. R v. G [2005] EWCA Crim 1273
Facts:
Defendant lied to police during investigation, trying to hide his involvement.
Held:
Court ruled that providing false information to police intending to mislead is perverting the course of justice.
Significance:
Emphasized that false statements to investigators amount to obstruction.
4. R v. Kelly and Lindsay [1998] AC 222
Facts:
Defendants conspired to fabricate evidence to support their alibi.
Held:
The House of Lords confirmed conspiracy to pervert the course of justice is an offence.
Significance:
Extended obstruction to conspiracies to interfere with justice.
5. R v. Barron [2012] EWCA Crim 1539
Facts:
Barron bribed a witness to change testimony.
Held:
Conviction for bribery and perverting the course of justice upheld.
Significance:
Bribing to obstruct justice is a serious offence.
6. R v. H [2015] EWCA Crim 1780
Facts:
The defendant failed to disclose key documents during a court case.
Held:
Failure to comply with court orders and withholding evidence was obstruction.
Significance:
Non-compliance with procedural rules can amount to obstruction.
7. R v. Smith (John) [2009] EWCA Crim 117
Facts:
Smith destroyed evidence relevant to a murder investigation.
Held:
Court ruled destruction of evidence was perverting the course of justice.
Significance:
Physical interference with evidence is obstruction.
๐น Summary Table of Cases
| Case | Offence | Key Holding | Legal Importance |
|---|---|---|---|
| R v Withers (1973) | False evidence | Dishonesty + intention to mislead | Core elements of obstruction |
| R v OโHara (1995) | Witness intimidation | Attempted perverting upheld | Witness intimidation = obstruction |
| R v G (2005) | Lying to police | False info to police = obstruction | Obstruction includes false info |
| R v Kelly & Lindsay (1998) | Conspiracy to pervert | Conspiracy included | Extends to conspiracies |
| R v Barron (2012) | Bribing witness | Bribery + obstruction upheld | Bribery to obstruct is serious |
| R v H (2015) | Failure to disclose documents | Non-compliance = obstruction | Procedural obstruction recognised |
| R v Smith (2009) | Destruction of evidence | Destruction = perverting justice | Physical acts obstruct justice |
๐น Practical Implications
Obstruction of justice is a serious offence with potentially severe penalties, including imprisonment.
Acts such as lying to investigators, intimidating witnesses, fabricating evidence, or destroying evidence fall within this offence.
Intention and dishonesty are crucial for conviction.
Courts take a strong stance against any interference that threatens the fairness or integrity of justice.
Cooperation and honesty with investigations are essential to avoid obstruction charges.
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