Blackmail

What is Blackmail?

In England and Wales, blackmail is a serious criminal offence under Section 21 of the Theft Act 1968. It involves making an unwarranted demand with menaces (threats), with the intention of gaining money, property, or another benefit. The key elements of blackmail are:

• Demand: A person must make a demand for something (such as money, property, or any other benefit).
• Menaces: The demand must be accompanied by threats. These threats can be of harm, exposure of embarrassing information, or any form of damage or distress.
• Unwarranted: The demand must be unjustified. This means the person making the demand has no legal right to ask for or receive what they are demanding.
• Intention: The person making the demand must intend to gain something from it, typically for financial gain.

It is important to understand that blackmail is not just limited to threats of physical harm. Threats can include reputational harm, threats of revealing damaging personal information, or threatening to cause emotional distress.

Penalties for Blackmail

Blackmail is considered a very serious offence in the UK. If convicted, the penalties can be severe. Under Section 21 of the Theft Act 1968, the maximum sentence for blackmail is 14 years in prison. The sentence will vary depending on the circumstances, including:

• The nature and seriousness of the threat.
• The amount of gain sought or obtained.
• The impact on the victim.
• Whether the defendant has any previous convictions.

If you are under investigation for blackmail, it is crucial to understand that even threats that seem minor or non-violent can still result in criminal charges, as long as the threat was made with the intent to force someone into giving up something of value.

Defences to a Blackmail Charge

There are several defences that can be used against a blackmail charge, including:

1. Lack of Menaces: If there was no threat made, then there is no blackmail offence. The prosecution must prove that the threat was intended to cause fear or force the victim to act.
2. No Unwarranted Demand: If the demand was for something that the defendant had a lawful right to demand or claim, it may not amount to blackmail. For example, if the defendant was attempting to collect a legitimate debt.
3. Duress or Coercion: If the defendant was forced or threatened into committing the act by someone else, they may have a defence of duress.
4. Lack of Intent: If there was no intent to make a demand for personal gain, but instead, the defendant was acting out of frustration, anger, or another motive, the court may consider this in the context of the offence.
5. False Allegations: Sometimes, the defendant may be wrongly accused of blackmail. This could be due to a misunderstanding, miscommunication, or the victim falsely accusing someone due to personal disputes.

How We Can Help

Facing a blackmail charge is an incredibly serious matter, and the consequences can be life-altering if you are convicted. That is why having an experienced and skilled solicitor on your side is essential.

At Lostock Legal, our criminal defence lawyers have a wealth of experience in defending clients against blackmail charges. We can help you:

• Understand the Charges Against You: We’ll explain the legal process in detail and the potential consequences.
• Build a Robust Defence: Whether you are facing a charge of blackmail, making an unwarranted demand, or facing false accusations, we will work tirelessly to build a strong case on your behalf.
• Represent You in court: Our solicitors will ensure you have the best possible representation in court, using evidence and legal arguments to challenge the prosecution’s case.
• Negotiating With the Prosecution: In some cases, we may be able to negotiate a more favourable outcome, potentially securing a reduction in charges or penalties, depending on the circumstances.

Perverting the Course of Justice

What is Perverting the Course of Justice?

In England and Wales, perverting the course of justice is a serious criminal offence that involves actions that obstruct, interfere with, or attempt to obstruct the administration of justice. This is governed under Section 1 of the Criminal Law Act 1967, and the offence can cover a range of activities that are aimed at preventing the proper administration of justice, such as:

• Fabricating evidence or encouraging others to do so.

• Providing false information to the police, courts, or legal authorities.

• Destroying or concealing evidence with the intent to prevent the discovery of the truth.

• Intimidating witnesses or jurors to influence their testimony or actions.

• Bribing or attempting to bribe public officials, such as police officers or judges, to gain a favourable outcome.

• Helping someone evade justice by providing assistance or refuge to a fugitive.

Essentially, perverting the course of justice involves any act designed to corrupt the integrity of a legal process or investigation.

Defences 

While perverting the course of justice is a serious offence, there are defences that may apply depending on the circumstances. Some of the common defences include:

• Lack of Intent: The prosecution must prove that you had the intent to pervert the course of justice. If you acted without the intention to interfere with the legal process (such as: you made a false statement without realising it was false or with no intent to mislead), it may not amount to perverting the course of justice.
• Unawareness of the Impact: You might be able to argue that you didn’t know your actions would hinder the legal process. For example, if you destroyed evidence in the belief that it was irrelevant, it may not be perverting the course of justice if there was no intention to obstruct justice.
• Coercion or Duress: If you were coerced into committing the act (e.g., someone forced you to lie or provide false evidence), this could be a defence, especially if you acted under duress.
• False Accusation: It may be possible to argue that you have been falsely accused of perverting the course of justice. This could occur if you were misidentified as the individual responsible for the obstruction or if the facts of the case do not support the charge.
• No Evidence of Interference: If there is insufficient evidence to prove that your actions actually perverted or attempted to pervert the course of justice, this may lead to a successful defence.

Penalties for Perverting the Course of Justice

Perverting the course of justice is considered a serious offence in England and Wales. If convicted, individuals can face significant penalties, including a maximum prison sentence of life imprisonment. You may also suffer long-term reputational damage and serious consequences on future employment or professional standing.

The specific sentence at court will depend on factors such as the seriousness of the offence, the degree to which justice was interfered with, and whether the individual has previous convictions. 

In some cases, a custodial sentence may be reduced or avoided if mitigating factors are proven.

How We Can Help

If you are facing allegations of perverting the course of justice, it is critical to seek expert legal representation immediately. At Lostock Legal, we have a team of experienced criminal defence lawyers with a strong track record in defending clients against serious charges like perverting the course of justice.