Using a false instrument
Date Produced: January 2012
Title: Forgery
Offence: Using a false instrument
Legislation: S3 Forgery and Counterfeiting Act 1981
Commencement Date:
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty: 10 years
Using an instrument which to Ds knowledge is false, with the intention of inducing someone to accept it as genuine and to some act to that other person's prejudice. It is an offence of double specific intent.
Aggravating and Mitigating Factors
- High Gain - actual and intended.
- Defendant a professional or quasi-professional.
- Sophisticated Offending.
- Repeated Offending.
- Professional Hallmarks.
- Target Individuals rather than Institutions.
- Vulnerable victim.
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 Archbold 22-38
Consider Also:
- SGC Guideline for Fraud offences may give some assistance if large value in 'banknotes'.
- Note also potential to charge IDENTITY DOCUMENTS ACT 2010 offences or FRAUD ACT 2006 offences
