Perjury... Deffinition

[Crazy council]

Hi

i am trying to understand any connection betweeen public servants ( eg council ) formal statments produced for teh courts, and perjury

the dictonary says says

1. The crime of willfully and knowingly making a false statement about a material fact while under oath.
2. An act of committing such a crime: testimony full of perjuries.

am interested in could it be implimented in the folowing sinarios

1. Council officer with deligated legal responcability under ( LGFA ) swares, to the court cleark, that the accounts pack complies with all legal requirments----- when hew knows it doesnt, becuase he produced it

Why wouldnt that be perjury

2. A social worker, produces a s7 report, and lies to cover up a mistake, but the lie is serious.

Again, why would thatnot be perjury.

To be clear. what the difference between them actualy swaring it in court as tghe truth , over swearing it in a document for the court., ( in both cases, the documents produced are fromal court documents usued within the processes,

this is my starting point
http://www.legislation.gov.uk/ukpga/Geo5/1-2/6

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 . . . F1 for a term not exceeding two years, or to a fine or to both such penal servitude or imprisonment and fine.

(2)

The expression “judicial proceeding” includes a proceeding before any court, tribunal, or person having by law power to hear, receive, and examine evidence on oath.

(3)

Where a statement made for the purposes of a judicial proceeding is not made before the tribunal itself, but is made on oath before a person authorised by law to administer an oath to the person who makes the statement, and to record or authenticate the statement, it shall, for the purposes of this section, be treated as having been made in a judicial proceeding.

[R0b]

Re: Perjury... Deffinition

Not entirely sure what you mean CC, an Affidavit for example is a document in which you swear on oath and that would be treated the same as being sworn as if it a judicial proceeding. Is that what you meant?

[Crazy council]

Re: Perjury... Deffinition

Hi [MENTION=71570]R0b[/MENTION]

the S37 report, is a report prepaired for court, by a social worker, under instruction from a judge. its a formal part of the proceedings.

i will dig out the details laterwhern i confirm a few parts.

The first one, deals with part of the process for the administration of liability orders on a large scvale, when they produce apack for the court, with 1000s of LO apps, the court officer with deligated legal responcability ( LGFA ) from the monjitoring officer ( section 151 officers ) .

Thery have to sware to teh court cleark that the accounts have been administord properly ( comkplex set of accounting conditions )

I am wandering, if the officer knows they dont comply, is that perjury.

[R0b]

Re: Perjury... Deffinition

Strictly speaking, yes the officer would be committing perjury. It would be similar to contempt of court where a solicitor signs a witness statement containing false information without any honest belief in its truth.

[charitynjw]

Re: Perjury... Deffinition

Hi Cc

Imho the problem with accusation of perjury is the extremely high level of proof needed.

"Sorry, M'Lud, my mistake!"

Google 'Sean Rigg perjury'

http://www.bbc.co.uk/news/uk-england-london-37912186

Misfeasance?

[R0b]

Re: Perjury... Deffinition

There are a few things which need to be proved for perjury.

(1) Wilfullness:
The person who made the statement in a judicial proceeding must have done so of their own volition.

(2) Materiality: The statement must be material to the issue.
If I said that the coat was black but it was instead blue, and it didn't matter what colour the coat is for the purposes of the case then that would not amount to perjury.

(3) Statement knowingly false or not believed to be true:
This is criteria is what may be the most difficult to prove. That being said you do not need to simply prove that the person making the statement knew it was false, you could try and prove that the person did not believe it to be true. If for example, someone testified or swore an affidavit saying that there was a fight that took place on X date and at X place, but he/she actually had no idea whether the fight took place and you can prove that despite there being no evidence of the fight taking place at all then that would, to my mind, be sufficient of perjury.