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If a wrongful conviction is believed to have occurred because of the perjured evidence, a prosecution should follow, unless there are exceptional circumstances.If the witness has lied to protect his or her own interests rather than with an intent to pervert the course of justice, a prosecution may be unnecessary.

This allows a Court to re-sentence an individual who has deceived it about circumstances which were or might have been taken into account in deciding whether, or for how long, to disqualify that person.

Regard must be had to the factors outlined in General Charging Practice, above in this guidance and in Charging Practice for Public Justice Offences, above in this guidance, which help to identify the seriousness of the conduct.

If the seriousness of the offence can properly be reflected in any other charge, which would provide the court with adequate sentencing powers, and permit a proper presentation of the case as a whole, that other charge should be used unless: (2002) TLR 10/4/02 the Court cautioned against adding a count of perverting the course of justice when the conduct could properly be treated as an aggravating feature of the principal offence.

Regard should be had to the case of (2002) TLR 29/5/02, which suggests the use of offences other than perverting the course of justice when other individuals are not exposed to risk.

Note that extended time limits apply to some summary only motoring offences and the principal offence can be prosecuted beyond the 6 months time limit.

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