Misleading Response To A Request For Driver Identity

Question:

Knowing/willfully making a false written statement sec 172

What is the likely outcome to be?

This is a first offence made foolishly. What could the likely outcome be?

The charge says;

Knowing /willfully make a false statement not on oath when required by statute

Between x and x at x in the county of x knowingly and willfully made (otherwise then on oath) a statement false in a material particular, and that statement was made in a notice, namely SEC 172 DRIVER/KEEPER STATEMENT , which you were required to make by a public general Act of Parliament for the time being in force, namely SEC 172 RTA

CONTRARY TO SECTION 5 (B) of the perjury act 1911

Dominic says:

They don’t normally prosecute under that act. They normally go for perverting the course of justice.

It’s an either way offence which means it can be dealt with at the crown court or in the magistrates court for providing a misleading response.

The magistrates will feel that their sentencing powers are sufficient so the maximum penalty is 6 months imprisonment and bizarrely because it is such an old statue you can be made subject to hard labour as well. They don’t do that anymore – but I suppose it used to be crushing rocks whilst serving!

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