The Independent Commission Against Corruption has referred evidence it obtained about senior prosecutor Margaret Cunneen to the Director of Public Prosecutions to consider whether she should face criminal charges for attempting to pervert the course of justice as well as lying to the commission.

ICAC has also referred Ms Cunneen's son Stephen Wylie and his girlfriend Sophia Tilley.

Crown prosecutor Margaret Cunneen. Credit:Wolter Peeters

According to ICAC's press release, "The Commission undertook an investigation into the alleged conduct of Ms Cunneen, Mr Wylie and Ms Tilley after it was provided with information by a federal law enforcement agency that indicated the commission of an attempt to pervert the course of justice by Ms Cunneen, a NSW deputy senior crown prosecutor, following a motor vehicle accident on 31 May 2014."

The allegations stem from claims that Ms Cunneen attempted to pervert the course of justice by advising Ms Tilley to pretend to have chest pains to divert police from conducting a breath test at the scene of the car accident.