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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.
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.
Referrals will require the agreement of the relevant Head of Complex Casework Unit, Chief Crown Prosecutor or Deputy Chief Crown Prosecutor.
The most common example is when a suspect provides false details to an officer - whether it involves giving a false name, date of birth, address or a combination of the three.
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