Forgery Definition

GLOSSARY

What does Forgery mean?

There are offences consisting of making, or copying, or using, or using a copy of a false instrument; or having custody or control of specified kinds of false instruments or machines for making them: Forgery and Counterfeiting Act 1981, ss 1–5.

The above offences all require proof of an 'intention to induce somebody to accept the instrument (or copy) (or instrument to be made) as genuine' and 'by reason of so accepting it to do or not to some act to his own or to any other person's prejudice'. The terms 'instrument', 'false' and 'making', 'prejudice' and 'induce' are defined by the Forgery and Counterfeiting Act 1981.

View the related checklists about Forgery

Offences for which a DPA may be entered into—checklist

Offences for which a DPA may be entered into—checklist A deferred prosecution agreement (DPA) is an agreement between an organisation and a designated prosecutor to enable the latter to defer a prosecution by staying an indictment on specific terms. No proceedings in relation to the matters covered by the DPA may be instituted against the organisation while the DPA remains in force. A DPA therefore allows a company to continue without the threat of a lengthy criminal investigation and a costly prosecution hanging over it. For detailed information on DPAs, see Practice Notes: • Deferred prosecution agreements • DPA process • Terms and content of a DPA • DPAs in practice DPA’s are only available to organisations in respect of the offences specified under the Crime and Courts Act 2013, Sch 17 (CCA 2013). The checklist below, lists the offences for which a DPA may be entered into, including common law and statutory offences. In addition to the offences below, any offence that is ancillary to those listed below,...

Probate actions—table of cases

Probate actions—table of cases Testamentary capacity Topic Case name Summary Author Testamentary capacity Leonard v Leonard (by her litigation friend Sharon Thompsett) [2024] EWHC 321 (Ch) News Analysis: High Court provides guidance on the test for testamentary capacity (Leonard v Leonard)The High Court provides analysis and clarification of the test in Banks v Goodfellow and reaffirms the role of expert evidence in capacity cases. George Vare, barrister at Serle Court Chambers Testamentary capacity Wilkinson and others v Hicken [2023] EWHC 1983 (Ch) News Analysis: Personality disorders and testamentary capacity—Will declared valid by High Court (Re Wilkinson)The presumption of capacity was not rebutted as although the testator’s decision to largely disinherit his children ‘may be considered unfair’, that decision was not irrational. Emma Fitzmaurice, senior associate solicitor at Freeths LLP Testamentary capacity Baker and another v Hewston [2023] EWHC 1145 (Ch) News Analysis: Can Banks v Goodfellow and the Mental Capacity Act 2005 be reconciled? (Baker and another v Hewston)The High Court reconciled the Mental Capacity Act...

Forgery

Offence of making a false instrumentA person is guilty of forgery under section 1 of the Forgery and Counterfeiting Act 1981 (FCA 1981) if they make a false instrument, with the intention that they or another uses 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 their own or any other person's prejudice.'Instrument'FCA 1981, s 8 provides a definition of instrument applicable for all of the offences created by FCA 1981. Instrument includes any document, postal stamp, Inland Revenue stamp, disk, tape, sound track or other device on or in which information is recorded or stored by mechanical, electronic or other means.Document is not defined by FCA 1981 but it does not include any currency notes which are covered by the counterfeiting offences in Part II of FCA 1981. See Practice Note: Counterfeiting notes and coins.Electronic impulses representing passwords for accessing computers are not instruments so 'hacking' into a computer or the misuse of...

Counterfeiting notes and coins

Making a counterfeit note or coinSection 14 of the Forgery and Counterfeiting Act 1981 (FCA 1981) makes it an offence for a person to make a counterfeit of a currency note or of a protected coin:•intending that they or another shall pass or tender it as genuine, or•without lawful authority or excuseThe offence is an either way offence. A person convicted on indictment would be liable to a maximum term of imprisonment of ten years and, on summary conviction, to an unlimited fine and/or a term of imprisonment not exceeding the general limit in a magistrates’ court. See Practice Note: Sentences imposed following conviction—General limits on magistrates’ courts powers to impose custodial sentences following conviction. A serious crime prevention order can be imposed on an individual or an organisation in relation to a breach of the FCA 1981, s 14. See Practice Note: Serious crime prevention orders.FCA 1981, s 14 draws a distinction between cases in which there is proof of an intent that the fake item shall be passed...

Discover our 142 Practice Notes on Forgery

Election rules—electing employee representatives

Election rules—electing employee representatives 1 Introduction 1.1 These rules govern the election of [employee OR worker] representatives for [insert name of company] (Company), for the purposes of [specify purpose of election, eg ‘an information and consultation process under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE)’]. 1.2 The rules are intended to provide clarity and structure to the election and help to ensure that the election is fair. They set down principles but do not create contractual rights. The company may vary these rules as it sees fit. 2 Appointment of election organiser 2.1 The Company appoints [insert name and contact details] as Election Organiser. 2.2 The role of the Election Organiser will be to ensure that the election is run fairly and in accordance with these rules. 2.3 Any [employee OR worker] with questions or complaints arising out of or concerning the election should raise these with the Election Organiser. 2.4 The Election Organiser's decision on any matter relating to these...

Corporate criminal liability—code of ethics

Corporate criminal liability—code of ethics 1 Introduction 1.1 [Insert organisation name] takes great pride in the way we conduct our business. Our Code of ethics embodies the standards and policies under which we operate. It applies to us all. Please take care to read the Code, understand it, and use it to guide you in your work. If you have any questions about the Code and its application, you should speak with [insert, eg your manager]. 1.2 [Insert organisation name] has a zero tolerance towards employees committing criminal acts. 1.3 From 26 December 2023, the Economic Crime and Corporate Transparency Act 2023 provides that where a senior manager, acting within the actual or apparent scope of their authority, commits a relevant offence, the organisation is also guilty of the offence. 2 Senior manager 2.1 A senior manager is someone who plays a significant role in: 2.1.1 making decisions about how the whole or a substantial part of the activities of the organisation are to be managed or organised, or 2.1.2...

Dive into our 4 Precedents related to Forgery

Can a right to a Guaranteed Minimum Pension (GMP) under a Section 32 buy-out policy (where the transfer came from a defined benefit occupational pension scheme) be claimed as an asset by the Official Receiver?

Can a right to a Guaranteed Minimum Pension (GMP) under a Section 32 buy-out policy (where the transfer came from a defined benefit occupational pension scheme) be claimed as an asset by the Official Receiver? A section 32 buy-out policy is a deferred annuity contract. Where the transfer value paid to the section 32 policy is in respect of benefits which include rights to Guaranteed Minimum Pension (GMP), the insurer undertakes to pay the GMP to the policyholder from GMP payment age (age 65 for a man and 60 for a woman) or to pay the spouse’s GMP to the member’s widow or widower on the member’s death. Section 11 of the Welfare Reform and Pensions Act 1999 provides that rights under approved pension arrangements are excluded from a bankrupt’s estate. 'Approved pension arrangements' include registered pension schemes and annuities purchased for the purpose of giving effect to rights under a registered pension scheme including an annuity in payment before 6 April 2006 giving effect to schemes which were approved...

A deed of covenant has been executed in counterpart. One party has executed an old version of the document, the other has executed the final agreed version of the document. As a result the completed counterparts do not match. How can the incorrect counterpart be dealt with?

A deed of covenant has been executed in counterpart. One party has executed an old version of the document, the other has executed the final agreed version of the document. As a result the completed counterparts do not match. How can the incorrect counterpart be dealt with? Execution of a deed To execute a deed in counterpart, the parties must sign identical copies of the document and exchange them with each other. Combined, these counterparts are treated as a single document which takes effect as a deed. In this scenario, one party has made an error in executing its counterpart and as a result the deed is invalid. How this situation can be dealt with depends on the context of the scenario and the relationship between the parties. If the parties are in agreement that the second document is the final agreed version and a mistake has been made, it may be possible to rectify the situation by re-executing the deed. Re-execution The most straightforward solution is for the parties...

See the 19 Q&As about Forgery

Corporate Crime weekly highlights—12 December 2024

This week's edition of Corporate Crime weekly highlights includes analysis of the SFO’s call for compensation for whistleblowers in economic crime cases to aid their investigations. Also included is news of updated guidances from the FCDO and OFSI to reflect changes to OFSI enforcement powers, of the CMA consulting on draft consumer protection enforcement and unfair commercial practices guidances, of Spotlight on Corruption’s analysis of the NCA’s first Unexplained Wealth Order obtained last summer and of the SFO securing an additional 13-month prison sentence against already imprisoned Dr Gerald Martin Smith for obstructing the confiscation of his assets. All this, and more, in this week’s Corporate Crime highlights.

Corporate Crime weekly highlights—5 December 2024

This week's edition of Corporate Crime weekly highlights includes analysis of the recently announced Independent Sentencing Review and the outcomes that can be expected from it, of the FCA’s updated internal whistleblowing policy following staff complaints and of some of the unique learning points from the failure to prevent fraud guidance and the likelihood of increased enforcement activity as a result of the offence. Also included is news of the new Supreme Court Rules and Practice Directions along with the launch of a new online case management system, of the EA’s guidance on appealing regulatory decisions and of a company being fined £1.6m for health and safety breaches. All this, and more, in this week’s Corporate Crime highlights.

Read the latest 767 News articles on Forgery

Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

Case studies

"What I spend on my yearly subscription, equals to a day's billable hours for me not to mention time efficiency and peace of mind."

Jai Stern

Access all documents on Forgery

GET ACCESS NOW

Top

Trial

��Ӱ��

GLOSSARY