BASSETERRE, ST. KITTS, FEBRUARY 21ST 2005 (CUOPM) Legislation providing harsh penalties for perjury will be piloted through all stages following the presentation of the 2005 Budget Address on Tuesday.
Prime Minister and Minister of Finance, Dr. the Hon. Denzil L. Douglas will introduce and lead the debate on the Perjury Act 2005 which provides a prison term of up to seven years or a fine of up to EC$15,000 or both if a person who being lawfully sworn as a witness or as an interpreter in a judicial proceeding, willfully makes a statement material in that proceeding, which he knows to be false or does not believe to be true.
A year jail term not exceeding seven years or a fine not exceeding EC$15,000 or both will be levied also for persons found guilty of making false statements for procuring a marriage, a certificate or licence for marriage. Prosecution for this offence against this section shall not be commenced more than three years after the commission of the offence.
The proposed Perjury Act 2005 also makes it an offence for persons who makes any false answer to any question put to him by any registrar of births or deaths relating to the particulars required to be registered concerning any birth or death or willfully gives to any such registrar any false information concerning any birth or death or the cause of any death or willfully makes any false certificate or declaration under or for the purposes of any enactment relating to the registration of births or deaths, or knowing any such certificate or declaration to be false, uses it as true or gives or sends it as true to any persons. Any person found guilty will be liable to a jail term of up to seven years or to a fine not exceeding EC$15,000 or both.
Similar penalties can also be imposed on a person found guilty for making, giving or using any false statement or declaration as to a child born alive as having been still born, or a still-born, or as to the body of a deceased person or still-born child in any coffin or falsely pretends that any child born alive was still born or makes any false statement with intent to have it inserted in any register of births or deaths.
A jail term not exceeding two years or a fine of up to EC$5,000 or both can be imposed on persons found guilty of false voluntary declarations and or false statements without oath in an abstract, account, balance sheet, book, certificate, declaration entry, estimate, inventory invoice, notice, report, return or other document which he is authorized or required to make, attest, or verify, by any enactment for the time being in force or in any oral declaration or oral answer which he is required to make by, under, or in pursuance of any enactment for the time being in force.
The proposed law, which is expected to get the full support of the law making body also provides up to a 12 month jail term and fine of up to EC$2,500 or both on persons who make false declarations to be registered for any vocation or calling which he knows to be false or fraudulent. A person who aids, abets, counsels, procures or suborns another person to commit an offence against the Act shall also be liable to be prosecuted and punished as if he were a principal offender and if found guilty face a jail term of up to 12 months or a fine of up to EC$2,500 or both.
Persons found guilty of giving inconsistent or contradictory statements also face imprisonment of up to seven years or a fine not exceeding EC$15,000 or both.
A Judge of the Court of Appeal, a Magistrate, a Justice of the Peace or Coroner have the authority to order the prosecution for perjury or other offences under the proposed Perjury Act.
