False statement to obtain Warrant?

[enquirer]

If an official (TV Licensing would be a good example), knowingly or recklessly makes a false statement to a JP in order to obtain a Warrant to enter premises, what offence would they have committed?

[charitynjw]

Re: False statement to obtain Warrant?

I vote for 'Perverting the course of justice'

Courts take a dim view of anyone taking liberties.
'

[labman]

Re: False statement to obtain Warrant?

I'm with Charity. It could also be deception, but that isn't a crime.

[enquirer]

Re: False statement to obtain Warrant?

Thanks. That seems right.

This mentions it:

http://www.policespecials.com/forum/...se-of-justice/

The defintion is apparently given in R v Vreones [1891] 1 QB 360 and R v Andrews [1973] QB 422.

"Making a false allegation" may be the one.

Interestingly:

"In order to get a conviction, it is not sufficient to prove that the conduct actually did, or had a tendency to pervert the course of justice. The evidence must prove that the offender intended that it would do so (R v Lalani 1999)".

Thus, if the TV Licensing official lies outright, then the matter is clear.

[labman]

Re: False statement to obtain Warrant?

Being inquisitive, and you don't have to answer this, but WHY would they want to do this?

[enquirer]

Re: False statement to obtain Warrant?

Staff who get successful prosecutions often benefit. There is of course always the possibility of malice.

[CleverClogs]

Re: False statement to obtain Warrant?

This mentions it:

http://www.policespecials.com/forum/...se-of-justice/

The defintion is apparently given in R v Vreones [1891] 1 QB 360 and R v Andrews [1973] QB 422.

"Making a false allegation" may be the one.

Interestingly:

"In order to get a conviction, it is not sufficient to prove that the conduct actually did, or had a tendency to pervert the course of justice. The evidence must prove that the offender intended that it would do so (R v Lalani 1999)".

Thus, if the TV Licensing official lies outright, then the matter is clear.

It might seem so to you, but actually proving mens rea can be quite difficult.

The official might say that he had been negligent about the accuracy of the information, or that his belief that it was true was reasonable in the circumstances.

At civil law, where one would be seeking damages, one need only prove one's claim on the balance of probabilities; at criminal law, a far higher standard of proof is required.

[enquirer]

Re: False statement to obtain Warrant?

It might seem so to you, but actually proving mens rea can be quite difficult.

I said 'lies outright'. Apply strict construction to that. For the purposes of this question, we may assume that the proof is there.

The official might say that he had been negligent about the accuracy of the information, or that his belief that it was true was reasonable in the circumstances.

Lies again, then. However, what he says in his defence is irrelevent to my original enquiry.

[strangewayofsavin]

Re: False statement to obtain Warrant?

If an official (TV Licensing would be a good example), knowingly or recklessly makes a false statement to a JP in order to obtain a Warrant to enter premises, what offence would they have committed?

playing devils advocaote, why would TV licensing entre a premisies without cause? if they were incorrect surley producing a valid liscence would put them in their place?