Section 317 Crimes Act | Tampering with Evidence


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Because of the crucial role that evidence plays in determining the facts of a case, courts take attempts to tamper with evidence very seriously.

Section 317 of the Crimes Act contains the offence of “tampering with evidence”

It says that you can be charged with a criminal offence if you either:

  • Suppress, conceal, destroy, alter or falsify evidence required in a judicial proceeding;
  • Fabricate false evidence, or;
  • Knowingly make use of fabricated false evidence

The prosecution must also prove that you had the intention of misleading the court by tampering with the evidence in question.

If you are found guilty of an offence under s 317, you could face a maximum penalty of up to 10 years imprisonment.

However, with the help of the experienced criminal defence experts at Sydney Criminal Lawyers, you can fight to have the charges dropped or to avoid harsh penalties under the law.

The Legislation

Section 317 of the Crimes Act 1900 (NSW) deals with the offence of “tampering with evidence” and reads as follows:

317 Tampering etc with evidence

A person who, with intent to mislead any judicial tribunal in any judicial proceeding:

(a) Suppresses, conceals, destroys, alters or falsifies anything knowing that it is or may be required as evidence in any judicial proceeding, or

(b) Fabricates false evidence (other than by perjury or suborning perjury), or

(c) Knowingly makes use of fabricated false evidence,

is liable to imprisonment for 10 years.

Why Sydney Criminal Lawyers?

“Tampering with evidence” charges can have a serious impact on your life and future, damaging your reputation and potentially resulting in onerous penalties.

However, with the right legal team on your side, you can effectively fight the charges and get on with your life as soon as possible.

Unlike general law firms, the team at Sydney Criminal Lawyers specialises in criminal law – which means that our lawyers have the knowledge and experience necessary to obtain the best outcome in every “tampering with evidence” case.

We also understand that court process can be an expensive and time-consuming process – which is why our lawyers always seek to have the charges dropped at an early stage by raising problems with the prosecution case.

However, should you require representation in court, you can count on our highly-respected advocates to give you the best possible defence against the charges.

Our lawyers can also assist you in obtaining a lenient outcome where you wish to plead guilty to the offence by presenting sentencing submissions which highlight the positive factors in your case.

Call us today on (02) 9261 8881 and find out how we can help you win your “tampering with evidence” case.