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 They successfully argued that the offence charged under the 1981 Act had been repealed by the 2006 Act.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
The defendants had been acquitted on the direction of the judge at trial, and the AG now appealed on a point of law, namely: ‘Whether on (a) a charge under section 3 of the Forgery and Counterfeiting Act 1981 and (b) a charge under section 17(1)(b) of the Theft Act 1968, where the accused has … Continue reading In re G and S: CACD 11 Jul 2002
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
Use of false passport. Judges: Mr Justice Penry-Davey Lord Justice Maurice Kay Citations:  EWHC 2839 (Admin) Links: Bailii Statutes: Forgery and Counterfeiting Act 1981 5(1) 6 Jurisdiction: England and Wales Criminal Sentencing Updated: 11 May 2022; Ref: scu.237833
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
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
For a forgery charge to succeed, the forgery must go to circumstances of the origin or making of the document. An extraneous lie is insufficient to found a forgery. . .
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Appeal from conviction, after a trial, of using a false instrument with intent, contrary to section 3 of the Forgery and Counterfeiting Act 1981. . .
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:  EWCA Crim 50 … Continue reading Smith, Regina v: CACD 21 Jan 2022
Held: A jury’s verdict that a person with disability had done the acts charged was not an acquittal and did not allow to the court the power to make a restraining order under section 5A of the Protection from Harassment Act 1997. Judges: Sir Brian Leveson P, Openshaw, Dove JJ Citations:  EWCA Crim 109, … Continue reading Chinegwundoh v Regina: CACD 20 Jan 2015
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
Appeal against sentence for possession of false passport: ‘In our judgment, cases involving the use of false passports will almost always merit a significant period of custody. Taking account what this Court said in Ollerenshaw (23rd April 1998) this will usually be within the range of six to nine months, even on a guilty plea … Continue reading Regina v Singh: CACD 30 Oct 1998
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
The defendant appealed his conviction under section 5(2). He had been found with a false passport. He was charged under 5(1), and offered a plea to a charge under 5(2), but the judge refused to add a count. The jury declined to convict and substituted the 5(2) conviction after the trial. Held: A section 5(1) … Continue reading Regina v Fitzgerald: CACD 5 Mar 2003
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
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
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
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
The defendant appealed against his sentence for possessing a false ID. Judges: Gage LJ, Cresswell, Goldsack JJ Citations:  EWCA Crim 3187,  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
The court considered the application of the section on alternative verdicts available to juries on a trial for attempted murder. The allegations in a charge under section 20 of the Offences against the Person Act 1861 or under section 9(1)(b) of the . .
Conviction for forgery stood where defendant had claimed housing benefit with forged letter from landlord even if the contents of the forged document were in fact true and no prejudice to the council deceived had been shown. . .
Anything used for counterfeiting’ includes anything used in the process. . .
(Dungannon Magistrates Court) The defendant said that he had made admissions on the basis of re-assurance given to him by the police officers that he would face only an informal warning. . .