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Lord Chief Justice 9 page

perjury

The offence of giving false evidence or evidence that one does not believe to be true (even if it is in fact the truth). It is punishable by up to seven years' imprisonment and/or a fine. The offence may be committed by any witness who has taken the oath or affirmed, by the defendant at any stage of the trial, and by an interpreter. Perjury is only committed, however, in judicial proceedings, which include any proceedings before a court, tribunal, or someone with the power to hear evidence on oath (e.g. Commissioners of Income Tax hearing appeals against tax assessments). The evidence given must be relevant to the proceedings and must be given with knowledge that it is false or recklessly.

The Perjury Act 1911 also creates various offences related to perjury. These include making a false statement on oath in nonjudicial proceedings and making a false statement or declaration relating to marriage (e.g. to obtain a licence to marry or make an entry in a register of marriage) or to the registration of a birth or death. These offences are punishable by up to seven years' imprisonment on indictment. The offences of making a false statement in a statutory declaration or in any account, balance sheet, or document required to be made by Act of Parliament are punishable by up to two years' imprisonment.

See also consumer-credit agreement.

personal equality plan

(PEP)

A scheme to encourage individuals to invest in EU quoted companies and in qualifying equity-based investment trusts, which was introduced in January 1987. From 6 April 1999 no new subscriptions can be made to PEPs, but existing PEPs can continue after this date. The PEP is managed by an authorized investment manager; tax credits on dividends (paid before 5 April 2004) and income tax deducted at source are reclaimed by the manager. There were formerly two types of PEP, general and single-company, but in April 2001 this distinction was abolished. In addition. from 6 April 2001, the restriction of investments to EU companies is abolished, allowing investors to transfer their PEP funds to formerly "nonqualifying" companies. No income tax or capital gains tax is payable on income or gains generated by the PEP, unless interest of over £180 on cash deposited in the PEP is withdrawn in anyone year. PEPs are being replaced by *Individual Savings Accounts (ISAs).

personal property

personalty

(personal property, personalty)

All *property that does not comprise land or incorporeal *hereditaments.

personal protection order

An order formerly made under the Domestic Proceedings and Magistrates' Courts Act 1978 for the protection against violence of a spouse or a child of the family. Such protection is now provided by a *nonmolestation order under the Family Law Act 1996.

personal representative

A person entitled to deal with a deceased person's estate in accordance with his will or under the rules relating to intestacy. Personal representatives include *executors and *administrators of all descriptions.

personal service

The *service of a document in litigation effected by leaving a copy of the document with the person to be served. It is often wrongly supposed that it is necessary to touch the person to be served with the document, but it is in fact sufficient to leave it in his presence having informed him of its nature. Most documents required to be served personally can now be served by post.

personal union

An arrangement in which two or more states share a single head of state. A personal union does not create a single international person; rather, each state retains its separate legal personality. For example, in 1603 James VI of Scotland became monarch of England (styled as James I) but continued to be monarch of Scotland (styled as James VI).

persona non grata

(Latin: an unacceptable or unwelcome person)

A *diplomatic agent who is unacceptable to the receiving state. The sending state should recall such an agent; if this fails to occur, the host state may ignore the presence of the agent or expel him from its territory.

per stirpes

(Latin: by the roots)

According to descent. When property in an estate or fund is distributed per stirpes, beneficiaries a generation removed from the primary class of beneficiaries receive between them the share attributable to their ancestor. For example, a will may leave property to A and B in equal shares with provision that if either predeceases the testator, the deceased beneficiary's children take his share in equal shares per stirpes. If, on the testator's death, both A and B have already died, A leaving two children and B three, A's children will each receive a quarter of the property, and B's children one-sixth each.

Compare per capita.

persuading to murder

The statutory offence, which is punishable by a maximum sentence of life imprisonment, of persuading or encouraging any person to murder anyone else. This offence is committed even by a foreigner temporarily in England who persuades someone to commit a murder abroad (such a person would not normally be guilty of *incitement), and thus applies to the activities of international terrorist organizations (See terrorism).

persuasive authority

A decision or other pronouncement of law that, under the doctrine of *precedent, a court may but need not apply when deciding the case before it. Persuasive authorities include decisions of courts of equal or lesser standing, decisions of courts outside the English legal system (particularly, courts of Commonwealth countries having systems based on the common law), *obiter dicta, and the opinions of eminent textbook writers.

perverse verdict

A *verdict of a jury that is either entirely against the weight of the evidence or contrary to the judge's direction on a question of law.

perverting the course of justice

Carrying out an act that tends or is intended to obstruct or defeat the administration of public justice. Common examples are inventing false evidence to mislead a court (in either civil or criminal proceedings) or an arbitration tribunal, making false statements to the police, stealing or destroying evidence, threatening witnesses, and attempting to influence jurors. The common-law offence of perverting the course of justice overlaps with certain forms of *contempt of court and with the separate offence of tampering with witnesses. It is not an offence, however, to offer money to someone to persuade him not to proceed with an action in the civil courts; nor is it an offence to offer to pay reasonable compensation to the victim of a crime, if he will agree not to take criminal proceedings. However, once he has made a statement to the police in connection with possible proceedings, it is an offence to attempt to induce him to withdraw or alter his statement.

petition

A written application for a legal remedy or relief that is only available if statute or rules of procedure permit it. Examples are a petition for *divorce, a *bankruptcy petition, an *election petition, or a petition for winding up a company (See compulsory winding-up).

petition of right

See Crown proceedings.

petroleum revenue tax

A tax levied on the profits from sales of oil and gas extracted in the UK or on the continental shelf. The rate of tax (from 1 July 1993) is 50%, and the tax is abolished for new oilfields that get development consent on or after 16 March 1993.

petty sessions

A court of summary jurisdiction now known as a *magistrates' court. The term was formerly used to denote a meeting of two or more *justices of the peace other than a general or *quarter sessions. A petty-sessions area is a geographical area for certain purposes of magistrates' court administration.

philanthropic purposes

Purposes that are narrower than *benevolent purposes but wider than charitable purposes.

See charitable trust.

picketing

Attendance by employees and their trade union representatives at or near a place of work for the purpose of persuading others to work or not to work, or to exchange information, in contemplation or furtherance of a *trade dispute. There is no specific legal right to picket, nor any prohibition on picketing, but there is a concept of lawful picketing in the Trade Union and Labour Relations (Consolidation) Act 1992. Pickets have no immunity from prosecution for committing criminal offences and they have no right to compel others to stop or to listen to the pickets' views. However, employees and their trade union representatives picketing their own place of work are immune from civil legal action for inducing others to break commercial or employment contracts with the employer involved in the dispute. Such immunity extends to persons engaged in secondary picketing in certain circumstances. Secondary picketing occurs when the premises of an employer who is not an immediate party to the dispute are picketed. Persons picketing customers or suppliers of the employer in dispute have immunity, provided that they are likely to achieve their principal purpose of disrupting their own employer's trade with the employer in dispute. Thus in a dispute between an employer (A) and his workers, A's own employees may picket A's premises and employees of A's supplier (B) may picket B's premises (to prevent supplies reaching A), with the benefit of immunity from certain types of civil legal action.

When an employer tries to avoid the impact of the dispute by transferring business to his associated employer, the latter and his customers and suppliers may be picketed. Again, the pickets will have immunity if they are likely to achieve their principal purpose of disrupting the supply of goods or services transferred. All pickets lose their immunity if the action is taken without being first authorized by a ballot of the members of the union involved, or if the reason for the action is that the employer is employing a person who is not a trade union member.

"Flying pickets", who are neither employees nor trade union representatives of employees at the workplace picketed, have no immunity. The courts will grant injunctions to stop or prevent unlawful picketing. A *code of practice on picketing is published by the Department for Work and Pensions.

It is arguable that the incorporation of the European Convention on Human Rights into the English law via the *Human Rights Act 1998 will impact on the law affecting picketing. Article 10, the right of *freedom of expression, and Article 11, the right to freedom of peaceful assembly (See freedom of association), could be used to challenge some of the existing restrictions laid down in English law. As picketing is a form of public demonstration (in an industrial context) the imposition of restrictions could raise the civil-liberties aspects of such restrictions sufficiently to amount to breaches of either or both of these Articles. The common law may therefore be compelled, in the fullness of time, to develop a peaceful right of assembly in respect to the public highway.

piracy

1. (piracy jure gentium) Any illegal act of violence, detention, or robbery committed on a private ship for personal gain or revenge, against another ship, people, or property on the high seas. Piracy may also be committed on or against an aircraft. Piracy also includes operating a pirate ship or aircraft and inciting or assisting any other act of piracy. However, acts committed for political purposes are not piracy; nor are any acts committed by a warship or government ship or aircraft. Piracy is an international crime and all nations may exercise jurisdiction over pirates, regardless of the nationality of the ship or aircraft or the pirates. A ship or aircraft involved in piracy is also subject to seizure by any state. British courts have traditionally exercised such jurisdiction, and the power to do so is confirmed in the Tokyo Convention Act 1967.

English municipal law has created certain offences of piracy that are not covered by international law, but they are not subject to the jurisdiction of the English courts unless committed on board a British ship or within British territorial waters. Examples of such offences are revolt by the crew of a ship against their master and hijacking of the ship by the crew. These offences, if tried as piracy, are subject to life imprisonment (the death penalty for piracy accompanied by acts endangering life, or by an assault with intent to murder, has been abolished; See capital punishment).

2. (in marine insurance) One of the risks covered by a marine insurance policy, which extends beyond the criminal offence to include a revolt by the crew or passengers and plundering generally.

3. Infringement of *copyright, *trade marks, or other *intellectual property rights. The owner's usual remedy is to obtain an *injunction to end the infringement, although piracy is often also a criminal offence.

piscary

(fishery)

A *profit à prendre or *common conferring the right to take fish from water on another's land.

place of safety order

See emergency protection order.

plaint

Formerly, a statement in writing of a cause of action, used to initiate actions in the county courts. Under the Civil Procedure Rules, it has been replaced by the *claim form.

plaintiff

See claimant.

planning permission

See town and country planning.

plant

See machinery and plant.

plc

(public limited company)

See limited company; public company.

plea

1. A formal statement in court by or on behalf of an accused person as a response to the charge made against him.

See also guilty; not guilty; pleas in bar.

2. A defendant's answer to a claimant's declaration in an action at common law.

plea bargaining

An agreement between the prosecution and the defence by which the accused changes his plea from not guilty to guilty in return for an offer by the prosecution (for example, to drop a more serious charge against the accused) or when the judge has informally let it be known that he will minimize the sentence if the accused pleads guilty. Any negotiations taking place between the judge and defence counsel must be in the presence of the prosecuting counsel: the accused is not a party to the negotiations. The accused must be allowed to make up his own mind freely about the proposals.

plead

To make a *plea.

pleading

In colloquial usage, the claim form, defence, or any other document used in civil proceedings. The *Civil Procedure Rules have rendered this term obsolete, and it no longer has any formal meaning; pleadings are now called statements of case (*statement of case). However, it continues to be used informally by both lawyers and lay people.

pleading guilty by post

A procedure that allows a person to plead guilty to certain minor offences by letter without appearing at the court. The procedure applies only to *summary offences punishable with a maximum of three months' imprisonment. The accused may send details of any mitigating circumstances and these are read out to the court. The court cannot sentence a person who has pleaded guilty by post to imprisonment in his absence or disqualify him from driving without warning him of the possibility and giving him the opportunity to appear.

pleading in the alternative

In civil cases, the process of including in a statement of case two or more inconsistent allegations and inviting the court to grant relief in respect of whichever allegation it finds to be well-founded.

pleas in bar

(peremptory pleas)

Pleas in *trials on indictment setting out some special ground for not proceeding with the indictment. There are four such pleas: *autrefois acquit, *autrefois convict, pardon, and special liability to repair a road or bridge.

plebiscite

A public referendum or vote by the population of a territory to determine its choice of a sovereign or a *cession of territory to another state.

pledge

See pawn.

plene administravit

(Latin: he has fully administered)

The defence of a personal representative who has completed administration of a deceased's estate to a creditor's action to recover a debt of which he had no knowledge. Unless the creditor can prove that the personal representative still holds assets of the estate, he will obtain a judgment enforceable only against any such assets coming into the personal representative's hands in the future.

plough bote

See estovers.

poaching

Taking game without permission from private land or from land on which the killing of game is restricted. Wild animals cannot usually be stolen; there are, however, various statutory offences to cover poaching that do not amount to theft. For example, the Deer Act 1980 creates offences relating to taking, killing, or injuring deer or trespassing on land with the intention of committing any of these acts. Conviction may involve *forfeiture of the game taken or of the equipment and vehicles used in poaching. There are also special offences relating to taking or destroying fish in private waters or in waters with a private right of fishery. There is special legislation dealing with the poaching of endangered species.

poison

A substance that, if ingested, is capable of endangering life or injuring health. It is an offence (punishable by up to five years' imprisonment) to cause someone to consume a poison or any other noxious substance (which can include drugs or alcohol administered in such quantities as to be harmful) with the intention of injuring or annoying them, even if no injury results. It is also an offence (punishable by up to ten years' imprisonment) to cause someone to consume such substances so that their life is endangered or they suffer grievous bodily harm as a result, even if this was not intended. Administering poison with the intention of killing someone or causing them serious harm may amount to an attempt to murder or to cause *grievous bodily harm. In both cases the attempt will be punishable with a maximum sentence of life imprisonment.

The sale of poisons is controlled by various statutes, principally the Medicines Act 1968 and Poisons Act 1972.

police authorities

See police force.

Police Complaints Authority

An independent body established under the Police and Criminal Evidence Act 1984 to supervise the investigation of complaints against the police. The Authority considers reports by chief constables on the results of such investigations and has power to direct that disciplinary charges be preferred. It may also direct that the charges be heard by a disciplinary tribunal consisting of the chief constable and two members of the Authority.

police court

A *magistrates' court.

police force

A body of police officers maintained for a police area by a police authority. In England and Wales there are five police authorities (Devon and Cornwall, Dyfed Powys, Greater Manchester, South Wales, and Thames Valley). London has the Metropolitan Police Authority, and Northern Ireland has the Police Authority for Northern Ireland. Police authorities consist of local councillors, magistrates, and independent members. They are responsible for maintaining adequate and efficient forces and (except in London), subject to the Home Secretary's approval, for appointing chief constables. (The London forces have Commissioners, and the appointment of the Commissioner of Police of the Metropolis is technically by the Crown.) Police authorities, do not, however, exercise operational or managerial control, although they are responsible for ensuring that authorities comply with their statutory duties of *best value. Appointments to a police force, and the direction of its operations, are matters for the chief constable or Commissioner, and its detailed management is largely determined by regulations made by the Home Secretary.

police officer

A person who, whatever his rank within a police force, holds the ancient office of constable, i.e. one who has undertaken to serve the Crown as an officer of the peace. His office is, in law, independent. He is not technically a Crown servant, since the Crown neither appoints him nor pays him, nor is he a local authority employee.

See police force.

police protection order

An order of the court enabling the police to remove a child to suitable accommodation if there is reasonable cause to believe that the child would otherwise be likely to suffer significant harm. No child may be kept in police protection for more than 72 hours and the police do not acquire *parental responsibility as a result of the order.