Custody or Control of Equipment
Date Produced: January 2012
Title: Forgery
Offence: Custody or control of equipment
Legislation: S5(4) Forgery and Counterfeiting Act 1981
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty: 2 years
Without lawful authority or excuse, having custody or control of machine, implements, paper or other material which to Ds knowledge is or has been designed or adapted for making a false instrument. See also offence of specific intent under s 5(3) Forgery and Counterfeiting Act 1981.
Aggravating and Mitigating Factors
- Nature of the equipment
- Its intended or prior use
- The value of the gain, actual and intended
- Sophisticated nature of the offending if indicated
- 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 s 6 FRAUD ACT 2006 - limited guidance as max is 5 yrs, but may assist and could in some cases as a more appropriate charge.
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