Section 323 Crimes Act | Influencing Witnesses or Jurors


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Witnesses and jurors play an important role in the court process and assist in upholding justice.

Attempts to interfere with or influence witnesses and jurors are therefore treated seriously by the courts.

You may be charged with a criminal offence if you do anything to procure, persuade, induce or cause a witness to give false evidence or withhold true evidence.

You can also be charged with an offence under this section if your actions encourage a witness not to attend court, or fail to comply with a summons or subpoena.

You may also face charges where you influence a juror in their conduct or decisions; irrespective of whether or not they have been sworn in as a juror.

The maximum penalty for this type of conduct is 7 years imprisonment, however this is the absolute maximum and will only apply in the most serious cases.

Our expert defence team can assist you in avoiding these onerous penalties by preparing a strong defence case should you wish to fight the charges in court, or presenting persuasive sentencing submissions to maximise your chances of obtaining the best possible outcome should you wish to plead guilty.

The Legislation

Section 323 of the Crimes Act 1900 deals with the offence of ‘influencing witnesses and jurors’ and reads as follows:

323 Influencing witnesses and jurors

A person who does any act:

(a) intending to procure, persuade, induce or otherwise cause any person called or to be called as a witness in any judicial proceeding to give false evidence or withhold true evidence or to not attend as a witness or not produce any thing in evidence pursuant to a summons or subpoena, or

(b) intending, other than by the production of evidence and argument in open court, to influence any person (whether or not a particular person) in the person’s conduct as a juror in any judicial proceeding, whether he or she has been sworn as a juror or not, is liable to imprisonment for 7 years.

Why Sydney Criminal Lawyers?

Being accused of influencing witnesses and jurors can have a negative impact on your future life and carries heavy penalties under the law.

It is therefore important to choose the right legal team to defend your reputation and protect your interests.

At Sydney Criminal Lawyers, our lawyers have considerable experience successfully defending clients in some of the most serious criminal matters.

Our extensive knowledge of the criminal law, combined with our experience in this field, sets us a cut above the rest when it comes to securing the best possible outcome in these cases.

The insight and skill of our expert defence team is reflected in our ability to consistently obtain outstanding results that are better than any other law firm.

Our criminal law specialists can assist you if you have been charged with influencing witnesses or jurors by carefully examining all the evidence to identify problems with the prosecution case at an early stage.

Where problems are found, we can write to the prosecution asking to have the charges dropped on this basis.

Should your matter proceed to court, our senior defence lawyers will use their wealth of experience and knowledge to prepare a strong defence case and fight hard to secure a verdict of ‘not guilty.’

You can also benefit from our expertise should you wish to plead guilty to the charges.

In these cases, we can help you avoid onerous penalties by preparing compelling sentencing submissions which persuade the court to deal with the matter leniently.

For the best defence in your ‘influencing witnesses and jurors’ matter, call us today on
(02) 9261 8881 and book your FREE first appointment
with Sydney’s best criminal lawyers.