Section 338 Crimes Act 1900 | Restrictions on Prosecutions for Perjury


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Section 338 of the Crimes Act 1900 is Restrictions on Prosecutions for Perjury and is extracted below.

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The Legislation

Section 338 of the Crimes Act 1900 deals with the offence of ‘Restrictions on Prosecutions for Perjury’ and reads as follows:

338 Restrictions on Prosecutions for Perjury

(1) A person is not to be prosecuted for perjury except:

(a) by the Director of Public Prosecutions, or

(b) at the direction of the Attorney General, or

(c) by any other person with leave of the judicial officer who constituted the judicial tribunal before which the perjury is alleged to have been committed.

(2) If it is impossible or impracticable to apply for leave to prosecute in accordance with subsection (1) (c), the prosecution may be instituted with leave of the Supreme Court.

(3) A person is not to be prosecuted for perjury (except by the Director of Public Prosecutions or at the direction of the Attorney General) unless notice of the proposed prosecution has been given to the Director of Public Prosecutions.

Why Sydney Criminal Lawyers®?

Being charged with Restrictions on Prosecutions for Perjury can have a detrimental impact on your life, career and your professional reputation.

But by arming yourself with the best possible defence, you can avoid these potential consequences.

At Sydney Criminal Lawyers®, our lawyers are experts in the field of criminal and traffic law.

Our unparalleled knowledge of the law, coupled with years of experience fighting some of the most difficult criminal cases puts our clients at a leading advantage when it comes to securing a positive outcome in your case.

Our lawyers will carefully examine all the evidence in order to identify any possible weaknesses with the prosecution case.

Where problems are identified, our lawyers can write to police and push to have the charges dropped before your matter reaches a defended hearing.

Alternatively, if you wish to fight the charges in court, our senior lawyers will assist you in identifying and raising any possible defences.

Our experienced advocates will fight hard to win your case by presenting any favourable evidence in a compelling manner in court and casting doubt on the prosecution case.

We offer a FREE first conference with our lawyers to help you understand your options – so give us a call now on (02) 9261 8881 and take the first step in fighting your matter.