Forgery and Counterfeiting
This Guidance was last updated 05 January 2010
- The Law
- Definitions
- Jurisdiction
- Possible Defence for Asylum Claimants
- Offences of Forgery of Specific Items
- Identity Cards Act 2006
The Law
- Forgery and Counterfeiting Act 1981 creates some commonly used offences:
- Forgery - making a false instrument (Archbold 22-5).
- Copying a false instrument (Archbold 22-25).
- Using a false instrument (Archbold 22-26).
- Using a copy of a false instrument (Archbold 22-30).
- Custody or control of false instruments and manufacture, custody, or control of equipment or materials to make them (Archbold 22-31).
Definitions
- "instrument" (Archbold 22-10),
- "false" and "making" (Archbold 22-17) (Attorney-General's Reference No. 1 of 2000 Re, sub nom R v J. T. [2001] 1 Cr. App. R. 15 CA), and
- "prejudice" and "induce" (Archbold 22-22).
Jurisdiction
We can prosecute for certain offences if a "relevant event" occurred in England or Wales - Criminal Justice Act 1993 Part 1 (Archbold 2-37)(Home Office Circular 19/1999). This applies whether or not the defendant was in England or Wales at any material time, and whether or not he was a British citizen at any such time (Archbold 2-44).
Possible Defence for Asylum Claimants
Section 31 Immigration and Asylum Act 1999 creates a defence to offences of travelling on false documents for a refugee claiming asylum. (Archbold 25-228d).
The defence is based on Article 31(1) of the Refugee Convention 1951. For guidance on interpretation see (R v Uxbridge Magistrates' Court and another, ex p. Adimi; R v CPS, ex p. Sorani; R v Secretary of State for the Home Department, ex p. Sorani; R v Secretary of State for the Home Department and another, ex p. Kaziu (2000) 3 W.L.R. 434 DC), and (Archbold 25-228e).
When such a defence is likely to be raised, ask the police to obtain evidence from the Immigration Service and the Home Office to establish the situation on refugee status and asylum claim.
Offences of Forgery of Specific Items
- Registers of births, marriages & deaths etc - section 8 Non-parochial Registers Act 1840 (Archbold 22-39), and sections 36 and 37 Forgery Act 1861 (Archbold 22-41).
- Passports - section 36 Criminal Justice Act 1925 (Archbold 22-46).
- Judicial Documents - section 133 County Courts Act 1984 (Archbold 22-48).
- Dies and stamps - section 13 Stamp Duties Management Act 1891(Archbold 22-50).
- Land Registration - sections 115 - 117 Land Registration Act 1925.
- Statutes and executive documents - section 4 Evidence Act 1845, section 4(1) Documentary Evidence Act 1868, section 3 Documentary Evidence Act 1882.
- Hallmarks - section 6 Hallmarking Act 1973 (Archbold 22-56).
- Road Traffic Documents & Licences - section 173 Road Traffic Act 1973 (Archbold 32-226), and section 44 Vehicle Excise and Registration Act 1994 (Archbold 32-233).
Identity Cards Act 2006
Section 25 of the Identity Cards Act 2006 came into force on 7 June 2006. As a consequence sections 5(5f) and (5fa) of the Forgery and Counterfeiting Act 1981 were repealed. Section 25 of the 2006 Act is designed to tackle the misuse of a number of identity documents mentioned in section 26.
Offences under the Identity Card Act 2006
The first offence relates to the possession of false identity documents. It is an offence to be in possession of a document which he knows or believes to be false or a genuine document that has been improperly obtained or relates to someone else (subsection 1). The person must have the intention that the document be used for identity fraud by establishing registrable facts (subsection 2).
The second offence is a similar offence to the first in relation to the possession of equipment which is designed or adapted for making false identity documents (subsection 3). Both these offences are triable only on indictment and carry a maximum sentence of 10 years imprisonment or a fine or both (subsection 6).
The third offence is an offence for a person to have in his possession, without reasonable excuse, one of the following: a false identity document; or an identity document that has been improperly obtained; or an identity document that relates to someone else, or equipment used for making false identity documents (subsection 5). This is an either-way offence which carries on indictment two years imprisonment or summarily the statutory maximum. The meaning of 'false' has the same meaning as in section 9 of the 1981 Act.
(Archbold 22-45a)
Statutory Defence - Section 31 of the Immigration and Asylum Act 1999
Section 31 of the Immigration and Asylum Act 1999 creates a statutory defence to Section 25(1) and 25(5) of the Identity Cards Act 2006. It is based on the wording of Article 31 of the 1951 UN Convention Relating to the Status of Refugees (the Refugee Convention). Further information on Section 31 of the Immigration and Asylum Act 1999 can be found in Immigration, elsewhere in the Legal Guidance.
Identity Documents
Section 26 of the 2006 defines what is meant by an "identity document". This includes documents that already exist such as passports, driving licences, immigration documents such as visas, as well as other existing identity documents issued within or outside the UK. (Archbold 22-45b)
