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) charge impliedly included an offence under 5(2), but where the evidence might support either charge, courts would be better advised to add them as alternate counts.
Lord Justice Pill Mr Justice Stanley Burton His Honour Judge Fawcus
 EWCA Crim 576, Times 17-Mar-2003
England and Wales
Updated: 23 May 2022; Ref: scu.179551