The Law of Perjury in Ireland
Perjury, the act of lying or making false statements under oath, is a serious offense in many jurisdictions, including Ireland. The integrity of the legal system hinges on the truthfulness of testimony given under oath, making perjury a significant crime due to its potential to undermine justice. All witnesses giving evidence in court must be acutely aware of what perjury means, and the potential consequences for lying under oath.
Historical Context and Statutory Provisions
Perjury has been a recognized offense in Irish law for centuries, with roots tracing back to common law principles, when it was originally known as false oath or forswearing. It was also found in other legal systems, such as Islamic law, where The Quran speaks of the wrongfulness of giving false oath. Originally perjury referred to the giving of false oral testimony to a court of law but by the 19th century the common law had extended the offence of perjury to evidence given before other tribunals and bodies.
The first significant statutory framework governing perjury in Ireland came with the Perjury Act of 1911 which remained the cornerstone of the Irish law of perjury until recent years. This Act codified the offence, the offense, its constituent elements, and the associated penalties.
Under the Perjury Act 1911, perjury is defined as wilfully making a false statement while under oath in any judicial proceeding. This includes not only courts of law but also tribunals, inquiries, and other settings where an oath is administered. The Act specifies that the false statement must be material to the proceeding, meaning it must have the potential to influence the outcome or decision of the judicial body.
Modernisation of the Law
One significant development is the introduction of the Criminal Justice (Perjury and Related Offences) Act 2021, which seeks to modernize the law of perjury in Ireland. This Act aims to simplify and streamline the prosecution of perjury, making it easier to investigate and bring charges against individuals who lie under oath. It also addresses related offenses, such as suborning perjury (inducing another person to commit perjury) and making false statutory declarations.
Section 2 of the 2021 Act makes it an offence to knowingly give a false material statement under oath. Upon prosecution for an offence of perjury, the court will consider whether the false statement was material, and this will be a question of law.
Perjury is not just giving a false statement to a court of law, but also to tribunals and inquests. Perjury may also extend to written documents, such as affidavits, statements of truth and statutory declarations. A translator may also find themselves guilty of perjury if they knowingly give a false material statement to a court or tribunal.
Subornation of perjury is also an offence under section 3 of the 2021 Act. Subornation is where a person persuades, induces or otherwise causes a person to commit perjury, either knowingly or recklessly as to whether the other person perjures themselves. It doesn’t matter whether that other person is prosecuted for perjury or not: the offence of subornation can exist.
Section 7 of the 2021 Act creates the offence of fabrication of evidence. This is where a person fabricates evidence to knowingly mislead a court or tribunal. Fabrication is not explicitly defined other than describing it as a means of knowingly misleading the court in a form other than perjury or subornation. A possible example of a fabrication offence might be the doctoring of photographic evidence.
Perjury, subornation or fabrication offences can also be extended to officers of a body corporate (company) such as directors, secretaries or managers.
Generally speaking, a conviction of an offence of perjury will require more than one witness, unless the evidence of a single witness can be corroborated.
Before a witness gives evidence, whether before a court or tribunal or before an oath taker (such as commissioner for oaths), they normally perform a “ceremony” which in many cases involves swearing an oath on a holy book or giving an affirmation. The 2021 Act states that the form of these ceremonies is now immaterial, provided that the witness understands and accepts the consequences of the oath.
The penalties for a perjury type offence are severe, with summary conviction (District Court) carrying a maximum sentence of a Class B fine (€4,000) and/or a prison sentence of 12 months. For more serious convictions on indictment (Circuit or High Court) fines can reach €100,000 and/or 10 years imprisonment.
Usually, prosecutions for perjury offences will be brought by the DPP within 12 months, and no more than 3 years, after the commission of the offence.
La Touche Training routinely provide courses to witnesses who must provide evidence under oath. Whether it is professional witnesses who must provide evidence of their findings in a criminal or regulatory investigation, healthcare professionals at coroner inquests or expert witnesses at civil trials, our courses prepare witnesses on the role in court, and in particular their responsibilities when it comes to perjury, subornation or fabrication.
To learn more about our suite of courses in this area, please see below:
- Courtroom Skills
- Essential Guide to a Coroner’s Inquest
- Expert Witness Training Programme
- Understanding fitness to practise processes: a comprehensive guide
Author: Alex Nichol, Solicitor, BCL, LLM, Dip Corp. and La Touche Training Program Developer and Trainer
