Tampering with Evidence
Tampering with evidence is an offence under section 317 of the Crimes Act 1900, which carries a maximum penalty of 10 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You suppressed, concealed, destroyed, altered or falsified information knowing it is or may be required as evidence in a judicial proceeding, or you fabricated false evidence (other than by perjury), or you knowingly made use of false evidence, and
- You intended by doing so to mislead any judicial tribunal in judicial proceedings.
A ‘judicial proceeding’ is any proceeding in or before a judicial tribunal in which evidence may be taken on oath.
A ‘judicial tribunal’ is any person, including a coroner or arbitrator, or any court or other body authorised by law or by the consent of parties, which may conduct a hearing to determine any matter or thing.
Defences to the charge include:
- Duress,
- Self-defence, including the defence of another.
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