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Crown Prosecution Service, Regina (on the Application of) v Bow Street Magistrates Court and others: Admn 18 Jul 2006

The defendants were said to have been found in possession of false passports. They successfully argued that the offence charged under the 1981 Act had been repealed by the 2006 Act. The prosecutor argued that a Schedule only came into effect when explicitly made to come into effect. Held: The prosecutor’s appeal succeeded. The 2006 … Continue reading Crown Prosecution Service, Regina (on the Application of) v Bow Street Magistrates Court and others: Admn 18 Jul 2006

Regina v Gold and Schifreen: HL 21 Apr 1988

The defendants had hacked a remote computer system, by the unauthorised use of the passwords and IDs of other users of the system. The ID and password were immediately cleared by the computer once authorisation for access had been granted. They had been charged under the 1981 Act of uttering a false instrument. The prosecutor … Continue reading Regina v Gold and Schifreen: HL 21 Apr 1988

Regina v Uxbridge Magistrates and Another ex parte Adimi; R v CPS ex parte Sorani; R v SSHD and Another ex parte Kaziu: Admn 29 Jul 1999

The three asylum seeker appellants arrived in the United Kingdom at different times in possession of false passports. They were prosecuted for possession or use of false documents contrary to section 5, and for obtaining air services by deception under the Criminal Attempts Act. At the time, their applications to be accorded refugee status had … Continue reading Regina v Uxbridge Magistrates and Another ex parte Adimi; R v CPS ex parte Sorani; R v SSHD and Another ex parte Kaziu: Admn 29 Jul 1999

Regina v Gold and Schifreen: CACD 17 Jul 1987

Use of Illegally Obtained Passwords not Forgery The defendants had obtained password and ID information sufficient to secure access to British Telecom’s Prestel Service. They appealed against convictions under the 1981 Act after using the access codes to log in. Having gained such access they obtained information to which they were not entitled; made unauthorised … Continue reading Regina v Gold and Schifreen: CACD 17 Jul 1987

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Smith, Regina v: CACD 21 Jan 2022

Renewed application for leave to appeal against the applicant’s convictions upon his guilty pleas to two counts of delivering a counterfeit of a protected coin without lawful authority, contrary to section 15(2) of the Forgery and Counterfeiting Act 1981. Judges: Lady Justice Carr DBE Mr Justice Picken Mr Justice Wall Citations: [2022] EWCA Crim 50 … Continue reading Smith, Regina v: CACD 21 Jan 2022

Regina v Makuwa: CACD 23 Feb 2006

The defendant appealed her conviction for using a false instrument (a passport) intending someone else to accept it as genuine. Held: Once she had brought forward sufficient evidence to support a claim to asylum status, it was then for the prosecution to prove that she was not a refugee. The remaining elements of the defence … Continue reading Regina v Makuwa: CACD 23 Feb 2006

Regina (on the Application of Gjovalin Pepushi) v Crown Prosecution Service: Admn 11 May 2004

The claimant was stopped when boarding a flight to Canada, having previously stopped in France and Italy. He bore a false Swedish passport, and intended to claim asylum in Canada. He now claimed the benefit of the article 31 (per Adimi), to defend a prosecution under the 1981 Act for using a false instrument. Held: … Continue reading Regina (on the Application of Gjovalin Pepushi) v Crown Prosecution Service: Admn 11 May 2004

Regina v Lewis: CACD 6 Apr 2005

The defendant had been convicted under the 1981 Act. The European Court of Human Rights had found that police officers had infringed his human rights by their entrapment of him into offering them counterfeit currency. He now appealed his conviction. Held: The finding that his human rights had been infringed did not necessarily make his … Continue reading Regina v Lewis: CACD 6 Apr 2005

Regina v Kolawole: CACD 11 Nov 2004

The defendant appealed his sentence of 16 months for two offences of possessing a false instrument with intent. The documents were passports. Held: Such offences must now be considered as serious. Courts had previously failed properly to distinguish between the various grades of offence involved. A starting point range of 12 to 18 months was … Continue reading Regina v Kolawole: CACD 11 Nov 2004

Attorney General’s Reference (No 1 of 2001): CACD 11 Jul 2002

The defendants were accused under both the 1981 Act or the 1968 Act of use a false instrument with intent to defraud. They had been acquitted after a ruling from the judge that it was necessary for the prosecution to prove lack of entitlement in the defendant of what was sought to be obtained. The … Continue reading Attorney General’s Reference (No 1 of 2001): CACD 11 Jul 2002

Attorney-General’s Reference (No 1 of 2000): CACD 28 Nov 2000

The offence of producing a false instrument was committed when a document was used which relied for its validity upon underlying factual circumstances, and those circumstances did not, in fact, exist. A driver produced a tachograph record which suggested that he had not been driving at a certain time when he had, and the record … Continue reading Attorney-General’s Reference (No 1 of 2000): CACD 28 Nov 2000

De Oliveira, Regina v: CACD 22 Nov 2005

The defendant appealed against his sentence for possessing a false ID. Judges: Gage LJ, Cresswell, Goldsack JJ Citations: [2005] EWCA Crim 3187, [2006] 2 Cr App R(S) 115 Links: Bailii Statutes: Forgery and Counterfeiting Act 1981 Jurisdiction: England and Wales Criminal Sentencing Updated: 28 April 2022; Ref: scu.249356