A lie is a false statement, but documents containing lies or false statements are not always regarded as false instruments. An instrument that contains within it a false statement will not necessarily render the instrument itself a forgery. Whether an instrument falls within any of these scenarios will be fact specific and potentially complex. "False"įalse is defined at section 9 Forgery and Counterfeiting Act 1981. Section 9(1)(a) - (g) sets out 8 exhaustive scenarios in which an instrument is false for the purposes of the FCA 1981. It does not include a currency note (see offences under sections 14, 16, 17, 20 and 21 Forgery and Counterfeiting Act 1981). Instrument includes any document, postage stamp (or mark denoting payment), Inland Revenue stamp, disk tape, sound track or other device on which information is stored by any means. "Instrument" - the definition for instrument is found at section 8 Forgery and Counterfeiting Act 1981 47, CA.Īn intention to induce another to accept a copy of a forgery will also suffices: R v Ondhia (1998) 2 Cr.App.R 150 CA It must be shown that D intended for the false instrument it be used to induce somebody to accept it as genuine and, by reason of so accepting it, to do or not to do some act to his own or another’s prejudice: R. Section 21 – the prohibition of exportation of counterfeit notes and coins.Ī person is guilty of forgery if he makes a false instrument, with the intention that he or another shall use it to induce somebody to accept it as genuine, and by reason of so accepting it to do or not to do some act to his own or any other person’s prejudice.”.Section 20 – the prohibition of importation of counterfeit notes and coins.Section 17 - offences involving the making or custody or control of counterfeiting materials and implements.Section 16 - offences involving the custody or control of counterfeit notes and coins.Section 15 - offences of passing counterfeit notes and coins.Section 14 - offences concerning counterfeiting notes and coins.In addition to the above, other offences are also created within the Act. certificates, etc.) and manufacture, custody, or control of equipment or materials to make them. Section 5 - Custody or control of false instruments (purporting to be money orders, share certificates, passports, traveller’s cheques, credit cards, debit cards, credit cards, birth etc.
Section 4 - Using a copy of a false instrument.Section 2 - Copying a false instrument.Section 1 - Forgery - making a false instrument.The Forgery and Counterfeiting Act 1981 creates the following commonly used offences: Statutory Defence - Section 31 of the Immigration and Asylum Act 1999.Offences under the Identity Cards Act 2006.
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