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Legal Beagle question

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    Legal Beagle question

    Legal Beagle question
    If a witness writes a witness statement that contains proven lies eg: Accusing a respondent has been convicted of a criminal offence when they know the respondent does has none. Can the witness be sued? I can’t find and reference to that scenario. BTW, the Judge did not reprimand the witness.
    "A people that elect corrupt politicians, imposters, thieves and traitors are not victims, but accomplices," George Orwell

    #2
    Originally posted by Paddy View Post
    Legal Beagle question
    If a witness writes a witness statement that contains proven lies eg: Accusing a respondent has been convicted of a criminal offence when they know the respondent does has none. Can the witness be sued? I can’t find and reference to that scenario. BTW, the Judge did not reprimand the witness.
    Report it to the police as perjury. But I doubt it will get anywhere. IIRC the witness box is protected as Parliament is so you can't be sued for defamation etc. I may be wrong.

    Comment


      #3
      I thought you could say what you like on the stand and not be done for libel / slander.

      The witness opens themselves up to a charge of perjury though, but that's a criminal matter.
      Originally posted by MaryPoppins
      I hadn't really understood this 'pwned' expression until I read DirtyDog's post.

      Comment


        #4
        Nope.

        Also it was down to the judge, magistrate or CPS to angle for the perjury element to be looked into.

        Also not difficult for the person to say, well i thought they had a conviction because that was what I heard. Not going anywhere this one

        Comment


          #5
          You can "sue" anyone for anything, since in Civil Law, it is your money that is paying for your Lawyer.

          Whether you succeed, or not, is subject to the provisions of the Law and the case that you have, the evidence led and what you are trying to achieve. If you are "suing for damages", then delict will only grant you damages to the extent of the actual damages incurred, the quantum of which will be determined by the Court.

          IANAL
          I was an IPSE Consultative Council Member, until the BoD abolished it. I am not an IPSE Member, since they have no longer have any relevance to me, as an IT Contractor. Read my lips...I recommend QDOS for ALL your Insurance requirements (Contact me for a referral code).

          Comment


            #6
            Originally posted by Paddy View Post
            Legal Beagle question
            If a witness writes a witness statement that contains proven lies eg: Accusing a respondent has been convicted of a criminal offence when they know the respondent does has none. Can the witness be sued? I can’t find and reference to that scenario. BTW, the Judge did not reprimand the witness.
            The judge doesn't need to.

            They will just not take their evidence into consideration when making their judgement.

            In some cases where the person is making a blatant lie which will lead their financial gain and there is documentary evidence to prove so the judge will say something.
            "You’re just a bad memory who doesn’t know when to go away" JR

            Comment


              #7
              Perjury or PCOJ - perverting the course of justice

              Perverting the course of justice - Wikipedia, the free encyclopedia

              A criminal offence often involving jail time. If the CPS persue it.

              Comment


                #8
                Originally posted by KentPhilip View Post
                Perjury or PCOJ - perverting the course of justice

                Perverting the course of justice - Wikipedia, the free encyclopedia

                A criminal offence often involving jail time. If the CPS persue it.
                It has to be in the "public interest" for the CPS to persue it.....
                "You’re just a bad memory who doesn’t know when to go away" JR

                Comment


                  #9
                  Originally posted by KentPhilip View Post
                  Perjury or PCOJ - perverting the course of justice

                  Perverting the course of justice - Wikipedia, the free encyclopedia

                  A criminal offence often involving jail time. If the CPS persue it.
                  Perjury requires the individual to have sworn an oath or made an affirmation, a statement of truth is neither of these.

                  (1) If any person lawfully sworn as a witness or as an interpreter in a judicial proceeding wilfully makes a statement material in that proceeding, which he knows to be false or does not believe to be true, he shall be guilty of perjury,
                  Perjury Act 1911, Ch. 6, s. 1 (Eng.)

                  The correct means to prosecution would be for contempt of court, assuming this is a civil case then the guidance is set out in the Civil Procedure Rules

                  32.14

                  (1) Proceedings for contempt of court may be brought against a person if he makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

                  (Part 22 makes provision for a statement of truth)

                  (Section 6 of Part 81 contains provisions in relation to committal for making a false statement of truth.)
                  PART 32 - EVIDENCE - Civil Procedure Rules

                  There is nothing to stop you from writing to the court in question asking that this is looked at and for contempt of court proceedings to be brought against the party.


                  Originally posted by Scruff View Post
                  You can "sue" anyone for anything, since in Civil Law, it is your money that is paying for your Lawyer.

                  Whether you succeed, or not, is subject to the provisions of the Law and the case that you have, the evidence led and what you are trying to achieve. If you are "suing for damages", then delict will only grant you damages to the extent of the actual damages incurred, the quantum of which will be determined by the Court.

                  IANAL
                  No idea where you've been googling, however delict is a civil law doctrine and is not relevant for England and Wales.
                  "I hope Celtic realise that, if their team is good enough, they will win. If they're not good enough, they'll not win - and they can't look at anybody else, whether it is referees or any other influence." - Walter Smith

                  On them! On them! They fail!

                  Comment


                    #10
                    Originally posted by Incognito View Post
                    Perjury requires the individual to have sworn an oath or made an affirmation, a statement of truth is neither of these.
                    If it's a criminal case, then for a witness statement to be admissible without the witness giving evidence in court, the statement must include a declaration that it is true to the best of his/her knowledge and belief and that it was made knowing that, if it were tendered in evidence, the maker would be liable to prosecution if s/he wilfully stated in it anything which he knew to be false or did not believe to be true - section 9 of the Criminal Justice Act.
                    Originally posted by MaryPoppins
                    I hadn't really understood this 'pwned' expression until I read DirtyDog's post.

                    Comment

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