Making / having possession / control of apparatus or article designed or adapted for making false identity documents, with prohibited intent
Date produced: January 2012
Title: Forgery
Offence: Making / having possession / control of apparatus or article designed or adapted for making false identity documents, with prohibited intent
Legislation: S 5 IDENTITY DOCUMENTS ACT 2010
Commencement date: 21 January 2011
Mode of Trial: Indictable Only
Statutory Limitations & Maximum Penalty: 10 years
Apparatus includes equipment, machinery or device together with any software used with it, (section 9) The prohibited intent is defined in section 5(2) as an intention to make a false ID document and that the false document will be used for establishing personal information about any person. 'Personal information' is defined in section 8 of the IDA 2010 and means full name, gender, DOB, addresses, residential status, etc see Archbold 22-45e.
Aggravating and Mitigating Factors
- Nature of document
- Intent is part of the offence
- Proof of any prior use
- Intended Gain - financial or otherwise
- Sophisticated Offending
- Professional hallmarks
Relevant sentencing Guidelines (If any)
None.
Relevant Sentencing Case Law
These cases are under the Identity Cards Act 2006 but provide guidance, the maximum penalties are the same for both s 5 IDA 2010 and s 25(1) ICA 2006 offences. Note that there may be an aggravation in seriousness for professional hallmarks or sophisticated operation.
Passports:
R v SINGH [1999] 1 Cr App R (S) 490
The integrity of the passport system must be maintained and deterrent sentences [for use] are required. Save in exceptional circumstances custodial sentences should be imposed.
R v CHEEMA [2002] 2 Cr App R (S) 79 large scale courier 3 years.
R v KOLAWOLE [2005] 2 Cr App R (S) 14 possession of a false instrument (passports) with intent (S3(1) and S5(1) FCA 1981). The defendant was driving erratically and found in possession of two false passports - Deterrent sentence even on a guilty plea by a person of good character 12 -18m.
R v OVIERIAKHI [2009] 2 Cr App r (S) 91
The appellant, a woman of good character, lawfully entered the UK. She then remained longer than the time permitted and obtained a false passport in order to obtain a job.
At one end of the scale was the use or possession for use of false passports for the purpose of evading, or enabling others to evade the controls on entry into the United Kingdom. At the other end of the scale was the use by someone who was lawfully in the UK of a document other than a passport for the purpose of obtaining employment or a bank account. Wherever the case was on the spectrum, a custodial sentence was likely, save in exceptional circumstances.
In cases in which a false passport was to be used for the purpose of securing entry into the UK, the guidance contained in Kolawole applied. Where, however, a false passport was used to obtain work or a bank account, its use did not enable the offender to obtain entry to the UK and for that reason it might properly be treated less severely than the use of a passport which did, or might have that effect. 12 months reduced to 6m following a plea. What the use of a passport to obtain work did, however, do was to facilitate the offender remaining in the UK in breach of immigration controls.
Ancillary Orders
- Confiscation
- Forfeiture and Destruction of the document
Consider Also
- Deportation, especially when 12m or more in which case automatic recommendation under s 32 UK BORDERS ACT 2007 Archbold 5-1267
- There may be similarities in some cases with possession of articles for use in Fraud, section 6 FRAUD ACT 2006, SGC Guidelines on FRAUD may also be relevant
Return to Sentencing Manual index
