Destruction of evidence is an offence where someone destroys an item – a document, a physical thing – that is likely to be or could reasonably be a piece of evidence. Punishments for this offence can range from five years in prison to a dismissal or a fine.
To be convicted of destruction of evidence, police must prove that:
- You knew that the document or other thing was reasonably likely to be required as evidence in a court case
- You destroyed or concealed or made it illegible, indecipherable, or incapable of identification OR permitted another person to do the same
- Acts with the intention to prevent it from being used as evidence in a legal proceeding
What does destruction of evidence look like in real life?
It can be as obvious as shredding, wetting, throwing away or ripping up an important document, or as small as altering a document. It could also be another physical thing that is burnt, thrown in the sea, or cut up. Use your imagination – if you can wreck something or make it unidentifiable in some way, this can be destruction of evidence.
Contact Vanessa Ash if you are involved in a destruction of evidence charge.
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