Section 318 Crimes Act | False Instrument to Pervert Course of Justice


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The Legislation

Section 318 of the Crimes Act is the offence of False Instrument to Pervert Course of Justice and is extracted below.

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318 Making or using false official instrument to pervert the course of justice

(1) In this section:“official instrument” means an instrument of a kind that is made or issued by a person in his or her capacity as a public officer or by a judicial tribunal.

(2) A person who makes a false official instrument, or who makes a copy of an instrument which the person knows to be a false official instrument, with the intention that:
(a) he or she or another person will use it to induce another person to accept the instrument as genuine or to accept the copy as a copy of a genuine official instrument, and
(b) that acceptance will pervert the course of justice,
is liable to imprisonment for 14 years.

(3) A person who uses an instrument which the person knows to be a false official instrument, or who uses a copy of an instrument which the person knows to be a false official instrument, with the intention:
(a) of inducing another person to accept the instrument as genuine or to accept the copy as a copy of a genuine official instrument, and
(b) of thereby perverting the course of justice,
is liable to imprisonment for 14 years.

(4) Section 250 applies to the interpretation of this section.