Lies (evidence)
Encyclopedia
Lies, on their own, are not sufficient evidence of a crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...

 though in some situations they may themselves be a crime - making false statements, fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...

, false advertising
False advertising
False advertising or deceptive advertising is the use of false or misleading statements in advertising. As advertising has the potential to persuade people into commercial transactions that they might otherwise avoid, many governments around the world use regulations to control false, deceptive or...

, perjury
Perjury
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...

. However, lie
Lie
For other uses, see Lie A lie is a type of deception in the form of an untruthful statement, especially with the intention to deceive others....

s may indicate that the defendant knows he is guilty, and the prosecution may rely on the fact that the defendant has lied alongside other evidence.

England and Wales

In England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...

, if the prosecution seeks to rely on the fact that the defendant lied (for example, to police), it is sometimes necessary for the judge to give a direction to the jury (known as a Lucas direction).

The direction is not used where the prosecution attempts to show that the defendant committed the crime, and, if the jury find the defendant guilty, this would mean the defendant had lied. The direction "comes into play when the prosecution say, or the judge envisages that the jury may say, that the lie is evidence against the accused; in effect using it as an implied admission of guilt .... this is quite distinct from the run of the mill case in which the defence case is contradicted by the evidence of the prosecution witnesses in such a way as to make it necessary for the prosecution to say ... that the defendant's account is untrue and indeed deliberately and knowingly false". It is appropriate for a judge to give a Lucas direction:

  1. Where the defence relies on an alibi
    Alibi
    Alibi is a 1929 American crime film directed by Roland West. The screenplay was written by West and C. Gardner Sullivan, who adapted the 1927 Broadway stage play, Nightstick, written by Elaine Sterne Carrington, J.C...

     (see also R v Harron [1996] 2 Cr App R 457, R v Lesley [1996] 1 Cr App R 39 and R v Peacock [1998] Crim LR 681. But not necessarily in every such case—see R v Patrick [1999] 6 Archbold News 3.)

  2. Where the judge considers it desirable or necessary to suggest that the jury should look for support or corroboration of one piece of evidence in the case, and amongst that other evidence draws attention to lies told, or allegedly told, by the defendant.

  3. Where the prosecution seek to show that something said, either in or out of the court, in relation to a separate and distinct issue was a lie, and to rely on that lie as evidence of guilt in relation to the charge which is sought to be proved.

  4. Where although the prosecution has not adopted the approach (in (iii) above) the judge reasonably envisages that there is a real danger that the jury may do so.


The direction has three parts:
  • The judge should tell the jury that the lie is only evidence of guilt if they are satisfied it was made deliberately.
  • The judge should remind the jury that people might lie not because they are guilty but for other reasons (for example, to bolster a weak case, to protect someone, out of panic or to cover up disgraceful behaviour).
  • The judge should tell the jury that the lie alone is insufficient evidence and they should look to see if the other evidence corroborates guilt.
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