Legal Beagle question

[DodgyAgent]

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.

You've come to the right place for legal advice.

I've just been given 5 years for colliding into someone's front offside bumper with the nearside passenger door of my car. If I hadn't come here for legal advice I reckon I would have got life.

[Incognito]

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.

Unfortunately you're being caught out by the nuances of statutory offences. If being accused of Perjury, you are being charged with an offence under section 1(1) of the Perjury Act 1911.

1 Perjury.
(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, and shall, on conviction thereof on indictment, be liable to penal servitude for a term not exceeding seven years, or to imprisonment for a term not exceeding two years, or to a fine or to both such penal servitude or imprisonment and fine.

Note, ignore the reference to penal servitude, we no longer have the ability to sentence individuals to hard labour in this country, any reference to penal servitude is taken to read imprisonment, the maximum sentencing powers the court has is seven years imprisonment.

You are correct in your point where you say a breach of s.9 Criminal Justice Act 1967 is an offence, however you would be charged with an offence under s. 89 of the CJA. This is similar to an offence under s.106 of the Magistrates Courts Act 1980 however, you would not be charged with 'perjury' these offences are known as 'offences akin to perjury'.

However, we digress from the OP's original post, perjury requires the individual to have sworn an oath or made an affirmation, a statement of truth is neither of these. In a civil matter the correct action is for contempt of court.

[mudskipper]

Long time no see. Been up to anything exciting?

[Incognito]

Long time no see. Been up to anything exciting?

Finishing the law degree (last month) and being a father. Eight months old, every day is deep joy.

[mudskipper]

Finishing the law degree (last month) and being a father. Eight months old, every day is deep joy.

Wow - Congrats on both counts!

[vetran]

Is it provable as a lie?

Did it cause you to suffer loss?

Can you sue for the loss?

Armchair wing commander / lawyer.

so no value (before Ass gets in - as usual).

[Scruff]

Incognito

Firstly, IANAL.
Secondly, the OP doesn't state whether this occurred in E&W, Scotland or the Republic of Ireland (Paddy?)
Thirdly, IYAAL, please accept my apology for referring to Delict. I should have just said "damages". I could have mentioned "tort" or gone pedantic, but this is the General part of the forum.
Fourthly, IYAAL and practicing, give us the benefit of your wisdom and some constructive advice, please?

Always willing to learn from others whose wisdom has been acquired through years of Academic study, Professional Practice and practical application.

[Paddy]

Thanks to all and congratulations to Incognito, I hope you charge £300per hour.

It's worth bothering a QC in criminal matters, I will let you know his opinion

BTW: It is the English Court and not my case.