Perjury Act 1911

1 Perjury. E+W

(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.

(4) A statement made by a person lawfully sworn in England for the purposes of a judicial proceeding—

(a) in another part of His Majesty’s dominions; or

(b) in a British tribunal lawfully constituted in any place by sea or land outside His Majesty’s dominions; or

(c) in a tribunal of any foreign state,

shall, for the purposes of this section, be treated as a statement made in a judicial proceeding in England.

(5) Where, for the purposes of a judicial proceeding in England, a person is lawfully sworn under the authority of an Act of Parliament—

(a) in any other part of His Majesty’s dominions; or

(b) before a British tribunal or a British officer in a foreign country, or within the jurisdiction of the Admiralty of England;

a statement made by such person so sworn as aforesaid (unless the Act of Parliament under which it was made otherwise specifically provides) shall be treated for the purposes of this section as having been made in the judicial proceeding in England for the purposes whereof it was made.

(6) The question whether a statement on which perjury is assigned was material is a question of law to be determined by the court of trial.

Textual Amendments

F1 Words omitted by virtue of Criminal Justice Act 1948 (c. 58), s. 1(2)

Modifications etc. (not altering text)

C1 S. 1 amended by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 32(3), 171(1), Sch. 8 para. 16

C2 S. 1 extended (with modifications) (27.7.1999 for specified purposes and otherwise prosp. by 1999 c. 23, ss. 29(7), 68(4) (with ss. 31(5), 63(2), Sch.7 paras. 4, 5(2))

S. 1 modified (27.7.1999 for specified purposes and otherwise 24.7.2002) by 1999 c. 23, s. 31(6) (with ss. 31(5), 63(2), Sch. 7 paras. 4, 5(2)); S.I. 2002/1739, art. 2(b)

C3 S. 1 extended (with modifications) (27.7.1999 for specified purposes and 23.2.2004 in so far as not already in force) by Youth Justice and Criminal Evidence Act 1999 (c. 23), ss. 29(7), 68(3), 68(4) (with Sch. 7); S.I. 2004/299, art. 2

C4 S. 1 modified (1.9.2004 for specified purposes) by Criminal Justice Act 1988 (c. 33), ss. 32(3), 171(1) (with Sch. 8 para. 16); S.I. 2004/2167, art. 2 (with art. 3)

C5 S. 1 modified (31.7.2017) by The Criminal Justice (European Investigation Order) Regulations 2017 (S.I. 2017/730), regs. 1(1), 36(7)(a), 37(6)(a) (with regs. 3, 36(1), 37(1))

C6 S. 1(1) applied by European Communities Act 1972 (c. 68), s. 11(1)

C7 S. 1(4) extended by S.I. 1976/428, art. 3 and Patents Act 1977 (c. 37), s. 92(5)