The former Energy Secretary and current Lib Dem MP for Eastleigh, Chris Huhne and his ex-wife, Vicky Pryce, have been charged with perverting the course of justice. He has resigned from his former cabinet position as a result.

It is alleged that in 2003 Mr Huhne committed a speeding offence and that he informed the police that Ms Pryce was driving the car at the time. Ms Pryce subsequently submitted her driving licence for endorsement of penalty points.

Mr Huhne has stated that he is innocent of the offence.

In order for the Crown Prosecution to prove that he is Guilty, they will have to prove to the Court, beyond reasonable doubt, that he intended to pervert the course of justice when providing the above information to the police. Although he has not provided specific comments, Mr Huhne’s defence will be one of two and will, as always, depend on the evidence.

He could claim that it was in fact Ms Pryce who was driving the car and therefore he did not provide false information to the police at all. However, given that he has been charged it is likely that the police have solid evidence that it was he who was driving the car. The more likely defence is that he genuinely believed, at the time, that Ms Pryce was driving the car on the day in question. His success will simply and completely depend on whether or not the Court believe him. This will be helped through a thorough examination of the evidence and case preparation by his lawyers.

Perverting the course of justice is a common law offence; meaning that it has been established by decisions of the Courts rather than set down in statute. It is indictable only; meaning that it must be tried in the Crown Court. If found Guilty of the offence the Crown Court could fine or imprison Mr Huhne or Ms Pryce.