Custody or control of a false instrument with intent
Date Produced: January 2012
Title: Forgery
Offence: Custody or control of a false instrument with intent
Legislation: S5(1) Forgery and Counterfeiting Act 1981
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty: 10 years
Having custody or control of a false instrument, with the intention that D or another shall use it to induce someone to accept it as genuine. An offence of specific intent which carries a significantly higher maximum sentence than the alternative simple offence under s 5(2) which has a 2 year maximum. Instruments to which this section applies listed in section 5 (5) of the Act.
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
R v CRICK [1981] 3 Cr.App.R. (S) 275
The defendant pleaded guilty to possessing a press and making 150 poor quality coins for use in slot machines. "At one extreme is the professional forger with carefully prepared plates and elaborate machinery who manufactures large quantities of bank notes and puts them into circulation. A long sentence of imprisonment is appropriate in such cases. At the other end is this case." 9 months.
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'.
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