Possession of false identity documents
Title: Forgery
Offence: Possession of false identity documents
Legislation: S25(5) Identity Cards Act 2006
Commencement Date:
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty: 2 years
Sentencing Range:
Aggravating & Mitigating Factors
- Nature of document
- Intent
- More than one document
- Intended gain - financial or otherwise
- Sophisticated offending
- Professional hallmarks
Relevant Sentencing Guidelines (If Any)
None
Relevant Sentencing Case Law
None but note:
Passports:
R v SINGH [1999] 1 Cr App Rep (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 CAKRAJ [2007] EWCA 366 Use Passports: 12 - 18 months on a plea.
R v FABIO DE OLIVEIRA [2005] EWCA Crim 3187. Simple possession of a passport. Guilty plea 8 months. The guidelines in Kolawole apply to offences of a passport with intent (S3(1) and S5(1) FCA 1981)accept and not to simple possession (S5(2) FCA 1981.)
R v LINDIWE MUTEDE [2005] EWCA Crim 3208 possession with intent
The defendant, who had a genuine passport, pleaded guilty to obtaining the false immigration letters and false national insurance card to enable her to work in the United Kingdom. The guideline case of Kolawole was primarily concerned with cases falling within the Forgery and Counterfeiting Act 1981, where false passports were used. In the Court's view it was necessary to distinguish between using a false passport to obtain entry into the country, or to remain, and using false immigration letters to obtain work. 6 months.
R V ROSIENE RIBEIRO CARNEIRO [2007] EWCA CRIM 2170 possession with intent
Brazilian overstayer used false identity documents to open a bank account to receive her wages as a cleaner. No drain on the economy. Sentence 6m (following Mutede) Held: There was no absolute embargo on a judge suspending a sentence for such an offence if there was proper ground to do so, nor was there any statutory requirement that there should be exceptional circumstances. However, once it was recognised that ordinarily the appropriate sentence for an offence of that kind involved immediate custody, there had to be some good reason for the judge to act differently in a particular case, for simple reasons of consistency.
R. v. ADEKUNLE ADEBAYO [2007] EWCA Crim 878
The defendant went to an employment agency and produced two documents, a national insurance card and a Nigerian passport which were fake. The defendant claimed that he had entered the United Kingdom about 10 years earlier and had lost his Nigerian passport. He had paid £2,500 for the two false documents which he had produced. Sentenced 2 years reduce to 15 months. Recommendation for deportation.
The court considered Kolawole and Mutede and stated the distinction was between the use of a false passport which is "of very considerable significance to the security of this country and to the propriety of immigration laws" (Kolawole range 12 - 18m) and cases where the defendant had a genuine passport, but used false documents in order to obtain employment (Mutede 6m).
The court also stated that it is more serious to use false documents to seek to obtain employment than to open a bank account.
Ancillary Orders:
Confiscation
Consider Also:
Deportation
Links:
Offence ARCHBOLD 22-45a
Sentence ARCHBOLD 22-45a
