Legal News
Why One Lie Doesn't Discredit Everything Person Says in the Family Court (8 May 2024)
Date: 08/05/2024
Just because a person lies about one thing it does not automatically follow that they are lying about everything.
This may seem obvious now, but it was not always the case and has only properly informed judges and tribunal decisions in respect of fact-finding hearings since the seminal court of appeal authority in R v Lucas [1981] QB 720.
Understanding a Lucas Direction
The Lucas Direction is a legal principle used to guide the jury/judge on how to consider evidence of lies told by an individual in court.
The principle formulated in the aforementioned landmark case of R v Lucas [1981] QB 720, which found that simply because a person lies about one thing it does not discredit their entire testimony.
The Case:
The case involved Lyabode Ruth Lucas, a Nigerian national who arrived at Gatwick and Heathrow airports with significant quantities of cannabis. Lucas was later criminally convicted at Reading Crown Court for fraudulently evading the prohibition on importing controlled drugs into the UK. On appeal, the focus shifted to whether the trial judge provided proper instructions regarding the corroboration of evidence from an accomplice.
Although the case was criminal, the rationale and principle established in Lucas are broadly applicable and are similarly used in family cases. However, instead of guiding a jury as in criminal courts, it is up to the judge to guide themselves in the family courts.
The Lucas Directions instruct that a lie can only be considered as evidence of guilt if certain criteria are met. These include:
- The lie must be deliberate.
- The lie must relate to a material issue.
- The lie must be told after the crime (or event).
- The lie must be told before there is a strong suspicion of guilt.
- The jury/judge must be satisfied that the lie was told to conceal guilt, and even then, it is not conclusive proof of guilt but merely an additional piece of evidence to be weighed with all other evidence in the case.
Lies—whether admitted, proven, or suspected—are effectively addressed through a judge’s directions. The Lucas Direction clarifies that not all lies are relevant to an individual's credibility.
There can be plausible motives for lying, such as shame, panic, or a desire to protect a third party. These factors cannot be entirely dismissed unless the listed criteria are seemingly met.
Guidance like the Lucas Direction and similar warnings help the judge (or jury) approach evidence of lies appropriately while navigating the challenging task of determining whether an individual has deliberately lied about a material issue and their motive for doing so in court. This specifically refers to evidence provided in fact-finding hearings, which are crucial in both criminal and family court cases for determining the truth of relevant allegations or facts, albeit with different burdens of proof.
About the author:
Libby Thompson is a Family and Child Care Caseworker at Duncan Lewis Solicitors in Birmingham. She works closely with Solicitor and Supervisor Henna Sajid. Since joining Duncan Lewis in September 2022, Libby has developed expertise in assisting vulnerable clients and working on cases involving sexual abuse allegations and non-accidental injuries.
Libby is dedicated to building a positive rapport with clients and counsel. Her role involves supporting Henna Sajid in progressing cases, advising clients, preparing legal documents, and managing client and third-party correspondence. She handles both public and private law proceedings, including care proceedings, contact and residence applications, and emergency injunctions.
For advice in respect of a family law matter contact her via email at LibbyT@duncanlewis.com by telephone at 020 7275 2652, or her Supervisor at HennaS@duncanlewis.com or by telephone at 020 7275 2556.
Duncan Lewis Solicitors
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