This article will state legal provisions in relation to the interference with the administration of justice under the Crimes Act 1900. Here are some examples of actions that could be considered interfering with the administration of justice:
- Making a false accusation: This could involve knowingly accusing someone of a crime they didn’t commit, with the intention of getting them investigated or prosecuted.
- Perjury: This refers to knowingly providing false information under oath during a legal proceeding.
- Tampering with evidence: This involves altering, destroying, or hiding evidence to mislead authorities or influence the outcome of a legal case.
- Threatening or intimidating witnesses: This can involve pressuring or threatening someone to prevent them from giving truthful testimony in court.
It’s crucial to remember that the burden of proof always lies with the prosecution. They need to demonstrate beyond a reasonable doubt that the accused individual knowingly engaged in these actions and that their actions were false. It’s also important to know about legal provisions about interference with the administration of justice.
Luckily, we have drafted this article that highlights Section 314-319 of the Crimes Act 1900.
Section 314: False Accusations
False accusations under the law generally refer to situations where someone knowingly makes a false statement about another person, accusing them of committing a crime or wrongdoing they didn’t do. These accusations can be spoken (slander) or written (libel). Depending on the criminal matter, could lead to both civil and criminal consequences.
Section 314 of interference with the administration of justice also false accusations. The section states that someone who knowingly makes a false accusation against another person, intending for them to be investigated for a crime, can be jailed for up to 7 years.
Section 315: Hindering Investigation Etc
Section 315 of interference with the administration of justice state that anyone who intentionally tries to stop the following:
- An investigation into a serious crime committed by someone else;
- The discovery of evidence related to a serious crime committed by someone else; or
- The arrest of someone who committed a serious crime;
can be jailed for up to 7 years.
Section 315A: Threatening or Intimidating Victims or Witnesses
Section 315A of interference with the administration of justice states that someone who threatens to harm another person, or actually harms them, to stop them from reporting a serious crime to the police or other authorities can be jailed for up to 7 years. This applies if the information the person has could help catch or convict the person who committed the crime.
Section 316: Concealing Serious Indictable Offence
Section 316 interference with the administration of justice deals with the crime of concealing a serious crime. Here’s a breakdown:
1. Who can be charged: Adults who know about a serious crime committed by someone else and have information that could help catch the criminal but don’t report it to the police or authorities.
2. What is a serious crime? It’s any crime that carries a maximum sentence of at least 5 years in prison. Examples include assault, robbery, drug offenses, and major thefts.
3. What is a reasonable excuse for not reporting? There are limited exceptions, such as if the information concerns a sexual assault or domestic violence against an adult who doesn’t want it reported.
4. What are the penalties? They depend on the severity of the concealed crime:
- Up to 2 years if the maximum sentence for the hidden crime is less than 10 years.
- Up to 3 years if the maximum sentence is between 10 and 20 years.
- Up to 5 years if the maximum sentence is more than 20 years.
Section 316A: Concealing Child Abuse Offence
Section 316A of interference with the administration of justice states that it’s illegal for adults to hide information about child abuse. Who’s affected? This applies to adults who:
- Know or suspect child abuse has happened.
- Have information that could help catch the abuser or get them convicted.
- Don’t report this information to the police as soon as possible, and don’t have a good reason for not doing so.
What are “good reasons” for not reporting?
- You believe the police already know.
- You reported it elsewhere, like child protective services.
- You fear for your safety or someone else’s if you report it.
- You were under 18 when you got the information.
- The victim was an adult who doesn’t want it reported (except in specific school situations).
- The abuse caused minor, temporary injuries and involved school students under 18, and you reported it to the school authorities (specific requirements apply).
Penalties for not reporting:
- Up to 2 years in jail if the maximum penalty for the abuse is less than 5 years.
- Up to 5 years in jail if the maximum penalty for the abuse is 5 years or more.
Section 317: Tampering Etc With Evidence
Section 317 of interference with the administration of justice states that adults who intentionally try to deceive a court by:
- Hiding, destroying, changing, or faking evidence they know might be used in court;
- Making up fake evidence (except through lying under oath or convincing someone else to lie under oath); or
- Using fake evidence they know is fabricated;
Can be sentenced to prison for up to 10 years.
Section 318: Making or Using False Official Instrument to Pervert the Course of Justice
Section 318 of interference with the administration of justice states that faking and using fake official documents to mislead the court is illegal in New South Wales. This law focuses on official documents like those issued by government officials and courts. It’s illegal to:
- Create fake official documents, or
- Make copies of existing fake documents,
with the intent to:
- Trick someone into believing the document is real, and
- Use this deception to influence a court case unfairly.
The penalty for this offence is up to 14 years in prison.
Section 319: General Offence of Perverting the Course of Justice
Section 319 states that adults who intentionally take any action or fail to take necessary action with the aim of disturbing the fair and proper course of justice can face imprisonment for up to 14 years.
How Can JB Solicitors Help?
JB Solicitors possesses a team of experienced and dedicated criminal lawyers with a proven track record of success in handling complex cases. Our criminal lawyers provide compassionate and personalised legal representation, understanding the immense stress and emotional strain you might be experiencing.
Don’t delay seeking legal help. The sooner you involve a lawyer, the better they can prepare a strong defence and advocate for your best interests.
Reach out to us today if you need more legal information about interference with the administration of justice in criminal law matters.
