Custody or Control of a False Instrument
Date Produced: January 2012
Title: Forgery
Offence: Custody or control of a false instrument
Legislation: S5(2) Forgery and Counterfeiting Act 1981
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty: 2 years
Having custody or control of a false instrument, without lawful authority or excuse. Instruments to which this section applies listed in section 5 (5) of the Act. Lawful authority for this offence may include keeping hold of it to give to police, see R v SUNMAN [1995] Crim L R 569, Archbold 22-36
Aggravating and Mitigating Factors
- Nature of and quality of the instrument, and potential value
- Large number eg of notes indicating close to source
- Intended or prior use of instrument
- The value of the gain, actual and intended
- Sophisticated nature of the offending if indicated
- Undermining Bank system
- Repeat offending
Relevant Sentencing Council Guideline (if any)
None
Relevant sentencing Guidelines (If any)
None
Relevant Sentencing Case Law
None
Ancillary Orders
- Compensation
- Confiscation
- POCA
- Forfeiture orders - of any item shown to relate to the offence - to be destroyed or dealt with in any manner the court thinks fit, s 7(3) F +C Act 1981.
Consider Also
- SGC Guideline for Fraud offences may give some assistance if large value in 'banknotes'.
Return to the Sentencing Manual index
