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Justice Administration Offences

Melbourne Criminal Defence Lawyers

Perverting the Course of Justice and Perjury

Lauren Tye regularly acts for those persons charged with perjury, perverting the course of justice, interfering with witness and tampering with evidence offences, suppression order breaches and contempt of court.

Lauren Tye legal has proven results defending charges of perverting the course of justice and perjury in Victoria and interstate.

Free initial consultation. Confidential advice. Available 24/7.

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Years Criminal Defence Experience

Charged with perverting the course of justice, perjury or lying to police? Urgent Defence Advice

Lauren Tye personally advises witnesses, suspects and accused persons facing offences against the administration of justice in Victoria and the Commonwealth. These charges are taken very seriously and attract significant terms of imprisonment.

Contact Lauren Tye Legal as soon as you become aware of an investigation to best protect your interests.

Matters We Handle

Justice Administration Defence

Lauren Tye defends offences targeting witnesses, evidence, court orders and the integrity of proceedings across Victorian and Commonwealth courts.

Primary Matters

Perjury & False Statements

We provide advice and defence for those charged with knowingly providing false evidence to the Court whilst under oath.

Perverting the Course of Justice

Defence for attempts, conspiracies and acts said to interfere with investigations or proceedings.

Witness & Evidence Offences

Defence for alleged threats, bribery or tampering involving witnesses, jurors or evidence.

Assisting Offenders

Defence for accessory after the fact, harbouring and concealing offence for benefit allegations.

Custody & Bail Offences

Defence for escape from custody, fail to answer bail and offending while on bail.

Suppression Orders & Contempt

Defence for breaches of suppression and non-publication orders and contempt of court.

KNOW YOUR PENALTIES

Justice Administration Defence

Lauren Tye defends offences targeting witnesses, evidence, court orders and the integrity of proceedings across Victorian and Commonwealth courts.

ChargeLegislationMax PenaltyTypical Court
Perjury & False Statements — Victoria
Perjury, including subornation of perjuryCrimes Act 1958 (Vic), s 31415 years' imprisonmentCounty / Supreme Court
False statutory declarationOaths and Affirmations Act 2018 (Vic), s 365 years' imprisonment or 600 penalty units, or bothMagistrates' / County Court
Witnesses & Evidence — Victoria
Destruction, concealment or rendering illegible evidenceCrimes Act 1958 (Vic), s 2545 years' imprisonment or 600 penalty units, or bothMagistrates' / County Court
Intimidation or reprisals relating to involvement in criminal investigation or criminal proceedingCrimes Act 1958 (Vic), s 25710 years' imprisonmentCounty Court; sometimes Magistrates' if heard summarily
Perverting the Course of Justice — Victoria
Perverting the course of justiceCommon law offence; maximum fixed by Crimes Act 1958 (Vic), s 32025 years' imprisonmentCounty / Supreme Court
Attempting to pervert the course of justiceCommon law offence; maximum fixed by Crimes Act 1958 (Vic), s 32025 years' imprisonmentCounty / Supreme Court
Conspiracy to commit perverting the course of justice / conspiracy to commit relevant justice offenceCrimes Act 1958 (Vic), ss 321, 321C; common-law conspiracy mostly abolished by s 321FGenerally up to the maximum for the principal offence; for perverting justice, up to 25 yearsUsually County / Supreme Court
Assisting Offenders — Victoria
AccessoryCrimes Act 1958 (Vic), s 325Up to 20 years if the principal offence is life-liable; otherwise generally no more than 5 years and no more than half the principal maximumCourt depends on principal offence
Concealing offences for benefitCrimes Act 1958 (Vic), s 3261 year's imprisonmentMagistrates' Court
Custody Offences — Victoria
Rescuing prisoner from lawful custodyCrimes Act 1958 (Vic), s 479A10 years' imprisonmentCounty Court; sometimes Magistrates' if heard summarily
Aiding prisoner in escapingCrimes Act 1958 (Vic), s 479B5 years' imprisonmentMagistrates' / County Court
Escape or attempted escape from prison, police gaol, or specified custodyCrimes Act 1958 (Vic), s 479C5 years' imprisonmentMagistrates' / County Court
Escaping from lawful custodySummary Offences Act 1966 (Vic), s 49E2 years' imprisonmentMagistrates' Court
Bail Offences — Victoria
Failure to answer bailBail Act 1977 (Vic), s 302 years' imprisonmentMagistrates' Court
Contravening certain conduct conditions of bail undertakingSummary Offences Act 1966 (Vic), s 49F30 penalty units or 3 months' imprisonmentMagistrates' Court; does not apply to children
Commit indictable offence while on bailBail Act 1977 (Vic), s 30B30 penalty units or 3 months' imprisonment, in addition to the principal offenceMagistrates' Court / court hearing principal offence
Court Orders, Suppression & Contempt — Victoria
Contravene proceeding suppression order or interim orderOpen Courts Act 2013 (Vic), s 23Individual: 5 years' imprisonment or 600 penalty units, or both; body corporate: 3000 penalty unitsMagistrates' / County Court
Contempt of courtInherent jurisdiction / court-specific powersFine, imprisonment, or both, at court's discretionCourt hearing the contempt
Perjury & False Statements — Victoria

Perjury, including subornation of perjury

Legislation

Crimes Act 1958 (Vic), s 314

Max Penalty

15 years' imprisonment

Typical Court

County / Supreme Court

False statutory declaration

Legislation

Oaths and Affirmations Act 2018 (Vic), s 36

Max Penalty

5 years' imprisonment or 600 penalty units, or both

Typical Court

Magistrates' / County Court

Witnesses & Evidence — Victoria

Destruction, concealment or rendering illegible evidence

Legislation

Crimes Act 1958 (Vic), s 254

Max Penalty

5 years' imprisonment or 600 penalty units, or both

Typical Court

Magistrates' / County Court

Intimidation or reprisals relating to involvement in criminal investigation or criminal proceeding

Legislation

Crimes Act 1958 (Vic), s 257

Max Penalty

10 years' imprisonment

Typical Court

County Court; sometimes Magistrates' if heard summarily

Perverting the Course of Justice — Victoria

Perverting the course of justice

Legislation

Common law offence; maximum fixed by Crimes Act 1958 (Vic), s 320

Max Penalty

25 years' imprisonment

Typical Court

County / Supreme Court

Attempting to pervert the course of justice

Legislation

Common law offence; maximum fixed by Crimes Act 1958 (Vic), s 320

Max Penalty

25 years' imprisonment

Typical Court

County / Supreme Court

Conspiracy to commit perverting the course of justice / conspiracy to commit relevant justice offence

Legislation

Crimes Act 1958 (Vic), ss 321, 321C; common-law conspiracy mostly abolished by s 321F

Max Penalty

Generally up to the maximum for the principal offence; for perverting justice, up to 25 years

Typical Court

Usually County / Supreme Court

Assisting Offenders — Victoria

Accessory

Legislation

Crimes Act 1958 (Vic), s 325

Max Penalty

Up to 20 years if the principal offence is life-liable; otherwise generally no more than 5 years and no more than half the principal maximum

Typical Court

Court depends on principal offence

Concealing offences for benefit

Legislation

Crimes Act 1958 (Vic), s 326

Max Penalty

1 year's imprisonment

Typical Court

Magistrates' Court

Custody Offences — Victoria

Rescuing prisoner from lawful custody

Legislation

Crimes Act 1958 (Vic), s 479A

Max Penalty

10 years' imprisonment

Typical Court

County Court; sometimes Magistrates' if heard summarily

Aiding prisoner in escaping

Legislation

Crimes Act 1958 (Vic), s 479B

Max Penalty

5 years' imprisonment

Typical Court

Magistrates' / County Court

Escape or attempted escape from prison, police gaol, or specified custody

Legislation

Crimes Act 1958 (Vic), s 479C

Max Penalty

5 years' imprisonment

Typical Court

Magistrates' / County Court

Escaping from lawful custody

Legislation

Summary Offences Act 1966 (Vic), s 49E

Max Penalty

2 years' imprisonment

Typical Court

Magistrates' Court

Bail Offences — Victoria

Failure to answer bail

Legislation

Bail Act 1977 (Vic), s 30

Max Penalty

2 years' imprisonment

Typical Court

Magistrates' Court

Contravening certain conduct conditions of bail undertaking

Legislation

Summary Offences Act 1966 (Vic), s 49F

Max Penalty

30 penalty units or 3 months' imprisonment

Typical Court

Magistrates' Court; does not apply to children

Commit indictable offence while on bail

Legislation

Bail Act 1977 (Vic), s 30B

Max Penalty

30 penalty units or 3 months' imprisonment, in addition to the principal offence

Typical Court

Magistrates' Court / court hearing principal offence

Court Orders, Suppression & Contempt — Victoria

Contravene proceeding suppression order or interim order

Legislation

Open Courts Act 2013 (Vic), s 23

Max Penalty

Individual: 5 years' imprisonment or 600 penalty units, or both; body corporate: 3000 penalty units

Typical Court

Magistrates' / County Court

Contempt of court

Legislation

Inherent jurisdiction / court-specific powers

Max Penalty

Fine, imprisonment, or both, at court's discretion

Typical Court

Court hearing the contempt

Federal Jurisdiction

Commonwealth Justice Administration Offences

ChargeLegislationMax PenaltyTypical Court
Judicial Conduct & False Evidence — Commonwealth
Judge or magistrate acting oppressively or when interestedCrimes Act 1914 (Cth), s 342 years' imprisonmentRare; federal jurisdiction
Giving false testimony in a federal judicial proceedingCrimes Act 1914 (Cth), s 355 years' imprisonmentState/Territory court exercising federal jurisdiction, or relevant federal court
Fabricating evidenceCrimes Act 1914 (Cth), s 365 years' imprisonmentState/Territory or federal court depending on matter
Destroying evidenceCrimes Act 1914 (Cth), s 395 years' imprisonmentState/Territory or federal court depending on matter
Witness Offences — Commonwealth
Intimidation of witnesses etc.Crimes Act 1914 (Cth), s 36A5 years' imprisonmentState/Territory or federal court depending on matter
Corruption of witnessesCrimes Act 1914 (Cth), s 375 years' imprisonmentState/Territory or federal court depending on matter
Deceiving witnessesCrimes Act 1914 (Cth), s 382 years' imprisonmentState/Territory or federal court depending on matter
Preventing witnesses from attending courtCrimes Act 1914 (Cth), s 401 year's imprisonmentState/Territory or federal court depending on matter
Perverting Justice & Conspiracy — Commonwealth
Conspiracy to bring false accusationCrimes Act 1914 (Cth), s 4110 years' imprisonmentState/Territory or federal court depending on matter
Conspiracy to defeat justiceCrimes Act 1914 (Cth), s 4210 years' imprisonmentState/Territory or federal court depending on matter
Attempting to pervert justiceCrimes Act 1914 (Cth), s 4310 years' imprisonmentState/Territory or federal court depending on matter
Compounding offencesCrimes Act 1914 (Cth), s 443 years' imprisonmentState/Territory or federal court depending on matter
Custody & Escape — Commonwealth
Aiding prisoner to escapeCrimes Act 1914 (Cth), s 465 years' imprisonmentState/Territory or federal court depending on matter
Aiding prisoner to escape by conveying thing into prison etc.Crimes Act 1914 (Cth), s 46A5 years' imprisonmentState/Territory or federal court depending on matter
Escaping from federal criminal detentionCrimes Act 1914 (Cth), s 475 years' imprisonmentState/Territory or federal court depending on matter
Rescuing prisoner from federal criminal detentionCrimes Act 1914 (Cth), s 47A14 years' imprisonmentState/Territory or federal court depending on matter
Being unlawfully at large after escaping federal criminal detentionCrimes Act 1914 (Cth), s 47B5 years' imprisonmentState/Territory or federal court depending on matter
Permitting escape from federal criminal detentionCrimes Act 1914 (Cth), s 47C5 years' imprisonmentState/Territory or federal court depending on matter
Harbouring etc. an escapeeCrimes Act 1914 (Cth), s 485 years' imprisonmentState/Territory or federal court depending on matter
Removing property under seizureCrimes Act 1914 (Cth), s 492 years' imprisonmentState/Territory or federal court depending on matter
False or Misleading Information — Commonwealth
False or misleading information in Commonwealth mattersCriminal Code Act 1995 (Cth), s 137.112 months' imprisonmentMagistrates' / federal criminal jurisdiction
Aggravated false or misleading information relating to Australian Government security-clearance mattersCriminal Code Act 1995 (Cth), s 137.1A5 years' imprisonmentFederal criminal jurisdiction
False or misleading documents in Commonwealth mattersCriminal Code Act 1995 (Cth), s 137.212 months' imprisonmentMagistrates' / federal criminal jurisdiction
Specialist & Contempt — Commonwealth
ICC-specific crimes against administration of justiceCriminal Code Act 1995 (Cth), Div 268, Subdiv JSpecialist Commonwealth offences; penalties varyRare / specialist federal jurisdiction
Contempt of the Federal CourtFederal Court of Australia Act 1976 (Cth), s 31Court's contempt power; may include fine or imprisonmentFederal Court
Judicial Conduct & False Evidence — Commonwealth

Judge or magistrate acting oppressively or when interested

Legislation

Crimes Act 1914 (Cth), s 34

Max Penalty

2 years' imprisonment

Typical Court

Rare; federal jurisdiction

Giving false testimony in a federal judicial proceeding

Legislation

Crimes Act 1914 (Cth), s 35

Max Penalty

5 years' imprisonment

Typical Court

State/Territory court exercising federal jurisdiction, or relevant federal court

Fabricating evidence

Legislation

Crimes Act 1914 (Cth), s 36

Max Penalty

5 years' imprisonment

Typical Court

State/Territory or federal court depending on matter

Destroying evidence

Legislation

Crimes Act 1914 (Cth), s 39

Max Penalty

5 years' imprisonment

Typical Court

State/Territory or federal court depending on matter

Witness Offences — Commonwealth

Intimidation of witnesses etc.

Legislation

Crimes Act 1914 (Cth), s 36A

Max Penalty

5 years' imprisonment

Typical Court

State/Territory or federal court depending on matter

Corruption of witnesses

Legislation

Crimes Act 1914 (Cth), s 37

Max Penalty

5 years' imprisonment

Typical Court

State/Territory or federal court depending on matter

Deceiving witnesses

Legislation

Crimes Act 1914 (Cth), s 38

Max Penalty

2 years' imprisonment

Typical Court

State/Territory or federal court depending on matter

Preventing witnesses from attending court

Legislation

Crimes Act 1914 (Cth), s 40

Max Penalty

1 year's imprisonment

Typical Court

State/Territory or federal court depending on matter

Perverting Justice & Conspiracy — Commonwealth

Conspiracy to bring false accusation

Legislation

Crimes Act 1914 (Cth), s 41

Max Penalty

10 years' imprisonment

Typical Court

State/Territory or federal court depending on matter

Conspiracy to defeat justice

Legislation

Crimes Act 1914 (Cth), s 42

Max Penalty

10 years' imprisonment

Typical Court

State/Territory or federal court depending on matter

Attempting to pervert justice

Legislation

Crimes Act 1914 (Cth), s 43

Max Penalty

10 years' imprisonment

Typical Court

State/Territory or federal court depending on matter

Compounding offences

Legislation

Crimes Act 1914 (Cth), s 44

Max Penalty

3 years' imprisonment

Typical Court

State/Territory or federal court depending on matter

Custody & Escape — Commonwealth

Aiding prisoner to escape

Legislation

Crimes Act 1914 (Cth), s 46

Max Penalty

5 years' imprisonment

Typical Court

State/Territory or federal court depending on matter

Aiding prisoner to escape by conveying thing into prison etc.

Legislation

Crimes Act 1914 (Cth), s 46A

Max Penalty

5 years' imprisonment

Typical Court

State/Territory or federal court depending on matter

Escaping from federal criminal detention

Legislation

Crimes Act 1914 (Cth), s 47

Max Penalty

5 years' imprisonment

Typical Court

State/Territory or federal court depending on matter

Rescuing prisoner from federal criminal detention

Legislation

Crimes Act 1914 (Cth), s 47A

Max Penalty

14 years' imprisonment

Typical Court

State/Territory or federal court depending on matter

Being unlawfully at large after escaping federal criminal detention

Legislation

Crimes Act 1914 (Cth), s 47B

Max Penalty

5 years' imprisonment

Typical Court

State/Territory or federal court depending on matter

Permitting escape from federal criminal detention

Legislation

Crimes Act 1914 (Cth), s 47C

Max Penalty

5 years' imprisonment

Typical Court

State/Territory or federal court depending on matter

Harbouring etc. an escapee

Legislation

Crimes Act 1914 (Cth), s 48

Max Penalty

5 years' imprisonment

Typical Court

State/Territory or federal court depending on matter

Removing property under seizure

Legislation

Crimes Act 1914 (Cth), s 49

Max Penalty

2 years' imprisonment

Typical Court

State/Territory or federal court depending on matter

False or Misleading Information — Commonwealth

False or misleading information in Commonwealth matters

Legislation

Criminal Code Act 1995 (Cth), s 137.1

Max Penalty

12 months' imprisonment

Typical Court

Magistrates' / federal criminal jurisdiction

Aggravated false or misleading information relating to Australian Government security-clearance matters

Legislation

Criminal Code Act 1995 (Cth), s 137.1A

Max Penalty

5 years' imprisonment

Typical Court

Federal criminal jurisdiction

False or misleading documents in Commonwealth matters

Legislation

Criminal Code Act 1995 (Cth), s 137.2

Max Penalty

12 months' imprisonment

Typical Court

Magistrates' / federal criminal jurisdiction

Specialist & Contempt — Commonwealth

ICC-specific crimes against administration of justice

Legislation

Criminal Code Act 1995 (Cth), Div 268, Subdiv J

Max Penalty

Specialist Commonwealth offences; penalties vary

Typical Court

Rare / specialist federal jurisdiction

Contempt of the Federal Court

Legislation

Federal Court of Australia Act 1976 (Cth), s 31

Max Penalty

Court's contempt power; may include fine or imprisonment

Typical Court

Federal Court

Penalties shown are maximums only and are based on authorised Victorian and Commonwealth legislation. Standard sentences are not minimums. PU means Victorian penalty unit, currently $203.51 for 2025–26 and adjusted annually. This is general information only.

RESULTS THAT MATTER

Real Outcomes and Client Reviews

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Ali Eltoum
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Highly recommend, Laila represented me recently and all went well, got the outcome i wanted and overall happy thanks again to Lauren and the team ❤️
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shane adams
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Lauren Tye legal are the best hands down I started with a different lawyer he said the best I could get is 12 months imprisonment with a cco. And that was a Mabe. Lauren and her team managed to get me a cco and a fine. So thankful excellent work. Thank you all
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Joshua
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Don’t usually write reviews but Lauren and her team helped me more than I could have ever imaged, the professionalism, genuine care for myself and defence she provided were so professional and tailored. Will be recommending Lauren for years to come. Thank you so much
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Nikki Dimkopoulos
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If you’re looking for a criminal defence lawyer i couldn’t recommend Lauren enough!! She’s been extremely supportive and never hesitated to answer any questions we have! Lauren always goes above and beyond
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Chris Northcott
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What an amazing experience. I’ve never felt like I was in better hands, than when Miss Lauren Tye and her exceptional team were representing me. Lauren was referred to me after already fighting the charges for over 14 months, unsuccessfully. I was looking at a possible jail sentence, and within a month, it was wrapped up, with the best possible outcome… no jail. Lauren left no stone unturned, she went above and beyond and exceeded my expectations by a mile! I highly recommend, Lauren Tye Legal.
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Matthew H
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I was facing a serious charge and thought my future was over, but Lauren Tye legal achieved an outcome I didn't think possible. Charges withdrawn. Their strategic brilliance and teamwork were incredible; they were always one step ahead, meticulous with details, and truly worked for me. I felt genuinely supported and confident in court. Highly recommend!".
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Sera Gulersoy
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A huge thank you to Lauren Tye Legal team, consisting of Lauren Tye, Laila Hallak and Office superstar Dilanur Erbaşı. Then theres our Hero in Court, Barrister Mr Scott Thomas. Between these dedicated Professionals, we were in very good hands from the get go. Lauren and Laila prepared the Case, Dee was in constant contact, via phonecalls, emails, messages , never avoiding us, always happy to help or just support us when we needed a soothing voice through the whole journey. We were referred to Lauren through word of mouth and now that its all over, we would choose her and her amazing team if ever needed, without hesitation again. They never once doubted us, gave their 100% support at each stage and delivered the best outcome as she promised since the start. This team delivers, I cannot stress this enough. Then during the Hearing, I cannot thank the brilliant performace by Mr Scott Thomas enough either. He delivered in Court and won it without doubt. Even when we thought the odds were against us, Scott was a Master of his Craft, Just brilliant! We will forever be grateful. We highly recommend Lauren, Laila and Dilanur to everyone. You will not regret it. Truly 5 star service. Much appreciated S.G.
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Lauren and the team did an amazing job helping me. Not only did they get an awesome outcome, but they were polite, professional, and confident the entire time. They never made me feel like just another client. Nothing felt scripted or cold. Every conversation felt like chatting with a friend who genuinely cared. They brought warmth, understanding, and reassurance into a stressful situation. Lauren even somehow made me feel calm during some of my most stressful moments. And I’ll always be grateful for their support. Couldn't be happier with the outcome, and the friendliness. I never write reviews, and I'm honestly terrible at it. Trying to think of meaningful words to express how I feel is hard, mainly because I'm just bad at it. But this definitely is a 5 star from me. Forever greatful
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Josh Reid
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Lauren and the team are awesome. They got my case three days before court and got me a better outcome than expected. Highly recommend.
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Ruby Karayiannis
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I highly recommend Miss Lauren Tye, one of the most exceptional criminal lawyers in Melbourne. Lauren is not only highly skilled and dedicated, but also a truly compassionate and kind‑hearted professional who genuinely cares for her clients. Her reliability, integrity, & fierce representation make her stand out in her field. You can always count on her to go above and beyond with diligence and empathy. Dilanur, the exceptional Executive Assistant at Lauren Tye Legal, is an absolute gem. Based on my experience so far, Lauren Tye Legal has a highly professional, supportive and very commendable team. 💎👑
Case Studies

Proven Results in Victorian Courts

Real outcomes achieved through strategic defence, careful preparation, and experienced advocacy.

Perverting the Course of Justice — County Court

Charge Withdrawn After Brief Review

Result: Charge withdrawn following written submissions to the OPP.

Our client was charged with attempting to pervert the course of justice arising from communications with a complainant in an earlier matter. Lauren Tye reviewed the brief in detail and prepared submissions identifying significant gaps in proof of intent. The OPP withdrew the charge before committal.

Perjury — County Court

Charge Resolved Without Conviction

Result: Plea to lesser charge; sentence imposed without conviction.

Our client gave evidence in earlier civil proceedings that the prosecution alleged was false. Lauren prepared a detailed plea with character and context material. The Magistrate accepted the plea on a more limited basis and imposed a non-conviction outcome.

Every case depends on its own facts and circumstances. Past outcomes do not guarantee future results.

Urgent Guidance

Contacted About a Justice Offence?

Get legal advice before you respond. What you say, hand over, consent to or post early can affect bail, charges and the direction of the case.

 
1

Do not answer questions.

Say: “I want to speak to my lawyer before answering any questions.”

2

Do not consent to searches.

Do not unlock devices, give passwords or hand over property without advice. Do not obstruct police with lawful authority.

3

Make a private note.

Record what happened and keep it for your lawyer only.

4

Preserve evidence.

Do not delete messages, files or records. Do not contact witnesses, complainants or co-accused.

5

Get urgent advice.

Justice administration charges can carry significant prison terms and require careful early strategy.

Call Lauren Tye on 0451 877 714.

6

Do not discuss the case.

Do not post online, speak to media or discuss the matter in chats or workplace channels.

Early legal advice can help you avoid unnecessary admissions, protect your licence, and prepare properly for court. For urgent traffic offence advice in Victoria, contact Lauren Tye on 0451 877 714.

DEDICATED DEFENCE

Justice administration charges in Victoria

Lauren Tye defends clients facing offences against the administration of justice in Victorian and Commonwealth courts, including perjury, perverting the course of justice, witness and evidence offences, suppression order breaches and contempt.

She works with counsel and forensic experts to test the prosecution case, identify the real issues and prepare a strategic defence from the outset.

Lauren provides representation for:

Speak With Lauren About Your Charge

Available 24/7 including nights, weekends, and public holidays.

All enquiries are strictly confidential.

Lauren Tye personally handles your matter

Direct access to your lawyer, not a call centre or junior associate.

24/7 availability for urgent matters

Call Lauren directly on nights, weekends, and public holidays.

Experienced across all Victorian courts

Melbourne Magistrates' Court, County Court, Supreme Court, and regional Victoria.

Confidential and obligation-free

Your initial consultation is free. All enquiries are strictly confidential.

KEY INFORMATION

Administration of Justice Charges in Victoria

What Counts as an Administration of Justice Offence?

Administration of justice offences involve conduct alleged to interfere with courts, investigations, witnesses, evidence, bail or court orders. Examples include perjury, perverting the course of justice, witness intimidation, destroying or concealing evidence, assisting an offender, escaping custody, failing to answer bail, breaching suppression orders and contempt of court.

Why Are the Penalties Serious?

These charges are serious because they can undermine investigations, court proceedings and the justice system. In Victoria, perjury carries up to 15 years’ imprisonment. Perverting, or attempting to pervert, the course of justice carries up to 25 years’ imprisonment.

Victorian or Commonwealth Offence?

The applicable law depends on the court, investigation or agency involved. Victorian matters usually involve state courts, Victoria Police or state proceedings. Commonwealth matters may involve federal courts, Commonwealth agencies, federal investigations or offences under the Crimes Act 1914 (Cth) or Criminal Code Act 1995 (Cth).

Court, Bail and Procedure

Many offences are indictable and may proceed through committal to the County Court or Supreme Court. Less serious matters may be heard in the Magistrates’ Court. Bail conditions often require careful negotiation, especially where witnesses, evidence, co-accused or ongoing proceedings are involved.

Frequently Asked Questions

Should I speak to police?

Get legal advice before speaking to police or taking part in an interview. You may need to provide basic details in some situations, but you should understand your rights before answering questions about the allegation. Anything said in an interview may later be used as evidence.

Perjury is giving false evidence on oath, affirmation or affidavit. In Victoria, perjury and subornation of perjury carry a maximum penalty of 15 years’ imprisonment. The prosecution must prove more than a mistake or inconsistency. It must prove the evidence was false and that it was given wilfully and corruptly.

Perverting the course of justice involves conduct intended to interfere with the administration of justice. It may involve a court case, investigation, witness, evidence or legal process. In Victoria, it is a common law offence with a maximum penalty of 25 years’ imprisonment. The prosecution must prove both the conduct and the required intention.

Attempted perverting the course of justice applies where a person is alleged to have tried to interfere with justice, even if the attempt did not succeed. The issue is usually whether the conduct went beyond preparation and whether the required intention can be proved. In Victoria, the maximum penalty is 25 years’ imprisonment.

Yes. Helping someone after an offence may lead to serious charges, depending on what was done and when. Possible charges include being an accessory, concealing an offence for benefit, harbouring an escapee or assisting a person to avoid arrest. The prosecution must prove the required knowledge, conduct and connection to the principal offence.

Contempt of court involves conduct that interferes with the authority, process or proper operation of a court. It can include disobeying court orders, disrupting proceedings, interfering with witnesses or publishing material that risks affecting a fair trial. Penalties depend on the court, the conduct and whether the contempt is dealt with summarily or through separate proceedings.

A suppression order breach occurs when information is published or disclosed contrary to a court order restricting publication. In Victoria, breaching a proceeding suppression order or interim order can carry up to 5 years’ imprisonment or 600 penalty units for an individual, and 3000 penalty units for a body corporate.

Failing to answer bail means not attending court as required by a bail undertaking. In Victoria, it is a separate offence carrying a maximum penalty of 2 years’ imprisonment. It may also affect future bail, because the court can consider whether there is a risk of further non-attendance.

Yes. A justice charge may be withdrawn, downgraded or resolved through negotiation if the evidence, charge selection or public interest supports that outcome. This often depends on the strength of the prosecution case, the available defences, witness issues, disclosure, and whether a more appropriate charge or resolution is available.

It depends on the charge and how the case progresses. Serious indictable offences may proceed through committal and, if contested, be heard before a jury in the County Court or Supreme Court. Less serious matters may be finalised in the Magistrates’ Court, particularly where the offence is summary or can be heard summarily.

Yes. The applicable law depends on the court, agency, investigation or proceeding involved. Victorian charges usually relate to state courts, Victoria Police investigations or Victorian proceedings. Commonwealth charges may arise where the conduct involves a federal court, Commonwealth agency, federal investigation, Commonwealth witness or offence under Commonwealth legislation.

Timing depends on the charge, evidence, court, disclosure, negotiations and whether the matter resolves early. Summary matters can move more quickly in the Magistrates’ Court. Serious indictable matters often take longer because they may involve a brief of evidence, committal, expert material, negotiations and, if unresolved, trial preparation.

This information is general only and not legal advice. If you need advice about your situation, contact Lauren directly.

Where Justice Administration Matters Are Heard

Most administration of justice charges first appear in the Magistrates’ Court. Serious indictable charges may then proceed by committal to the County Court or Supreme Court.

Perjury and perverting the course of justice are commonly heard in the County Court, although serious or complex matters may be heard in the Supreme Court. Commonwealth offences are usually prosecuted in Victorian courts exercising federal jurisdiction, with the CDPP responsible for the prosecution.

Less serious matters, including failure to answer bail and some lower-level court order or publication offences, may be finalised in the Magistrates’ Court.

Lauren Tye appears in Victorian and Commonwealth criminal matters from police contact through to bail, committal, trial, sentence and appeal.

Lauren Tye appears in the Supreme Court, County Court, Magistrates’ Courts of Victoria and the Federal Court for justice administration matters across metropolitan Melbourne and regional Victoria.

Related Charges

Justice Administration Charges We Defend