Wednesday, February 10, 2010

What happens to someone who gives false information or lies in a court hearing?

someone has given false information and lied about having income to stop repossession order, additionally lied stating the whereabouts of the joint mortgage holder was unknown to her, just to keep him unaware of what was happening with a repossession orderWhat happens to someone who gives false information or lies in a court hearing?
If they were under oath then it is perjury.


If they weren't then nothing can really be done.What happens to someone who gives false information or lies in a court hearing?
Lying while giving testimony in a court is a serious felony called perjury.





It can be difficult to prove perjury, since you have to show that the person wasn't just misinformed but was deliberately making stuff up, or at least acting with ';reckless disregard for the truth.';





Punishments vary by jurisdiction, but almost always include jail time, often for multiple years.





If perjury is proved in the case after the fact, you would generally have grounds for a retrial without the false testimony.
This happened in civil proceedings and, whilst certainly perjury, is unlikely to bring too much in the way of sanctions from the courts. Any court would have to take the circumstances into account and, in this instance, that would include the effect on the joint owner of the property. So even if any sanction is imposed, it is likely to be a community punishment at worst.
Definition of Perjury:





2. (Law) At common law, a wilfully false statement in a fact material to the issue, made by a witness under oath in a competent judicial proceeding. By statute the penalties of perjury are imposed on the making of wilfully false affirmations.





The maximum sentence in the UK for this is 10 years in prison!
an alternative and more common charge is attempting to pervert the course of justice, this carries an automatic prison term min of 6 months but dont know the upper limit





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just re read your q and see its a civil matter. the thing here is usually different (not so serious) if you were the injured party then you could ask for a form to make an application to the court to have things set aside, it depends how far things have gone tho.
The charge for lying under oath is Perjury.
They are invited to join the Labour party and become an MP

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