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Forgery and Counterfeiting Act 1981

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Changes over time for: Cross Heading: Penalties etc.

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Version Superseded: 05/11/1993

Status:

Point in time view as at 01/02/1991.

Changes to legislation:

There are currently no known outstanding effects for the Forgery and Counterfeiting Act 1981, Cross Heading: Penalties etc.. Help about Changes to Legislation

Penalties etc.U.K.

22 Penalties for offences under Part II.U.K.

(1)A person guilty of an offence to which this subsection applies shall be liable—

(a)on summary conviction—

(i)to a fine not exceeding the statutory maximum; or

(ii)to imprisonment for a term not exceeding six months; or

(iii)to both; and

(b)on conviction on indictment—

(i)to a fine; or

(ii)to imprisonment for a term not exceeding ten years; or

(iii)to both.

(2)The offences to which subsection (1) above applies are offences under the following provisions of this Part of this Act—

(a)section 14(1);

(b)section 15(1);

(c)section 16(1); and

(d)section 17(1).

(3)A person guilty of an offence to which this subsection applies shall be liable—

(a)on summary conviction—

(i)to a fine not exceeding the statutory maximum; or

(ii)to imprisonment for a term not exceeding six months; or

(iii)to both; and

(b)on conviction on indictment—

(i)to a fine; or

(ii)to imprisonment for a term not exceeding two years; or

(iii)to both.

(4)The offences to which subsection (3) above applies are offences under the following provisions of this Part of this Act—

(a)section 14(2);

(b)section 15(2);

(c)section 16(2);

(d)section 17(2); and

(e)section 17(3).

(5)A person guilty of an offence under section 18 or 19 above shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; and

(b)on conviction on indictment, to a fine.

(6)In this section “statutory maximum”, in relation to a fine on summary conviction, means—

(a)if the offence was committed in England and Wales . . . F1, the prescribed sum within the meaning of section 32 of the M1Magistrates’ Courts Act 1980 (£1,000 or another sum fixed by order under section 143 of that Act to take account of changes in the value of money);

(b)if the offence was committed in Scotland, the prescribed sum within the meaning of section 289B of the M2Criminal Procedure (Scotland) Act 1975 (£1,000 or another sum fixed by order under section 289D(1) of that Act to take account of changes in the value of money);

[F2(c)if the offence was committed in Northern Ireland, the prescribed sum within the meaning of Article 4 of the Fines and Penalties (Northern Ireland) Order 1984 (£1,000 or another sum fixed by order under Article 17 of that Order to take account of changes in the value of money)].

Textual Amendments

Marginal Citations

23 Penalties for offences under Customs and Excise Management Act 1979 relating to counterfeits. U.K.

(1)In section 50 of the M3Customs and Excise Management Act 1979 (penalty for improper importation of goods)—

(a)in subsection (4) after the words “subsection (5)” there shall be inserted the words “or (5A)”; and

(b)the following subsection shall be inserted after subsection (5):—

(5A)In the case of an offence under subsection (2) or (3) above in connection with the prohibition contained in section 20 of the Forgery and Counterfeiting Act 1981, subsection (4)(b) above shall have effect as if for the words “2 years” there were substituted the words “10 years”..

(2)In section 68 of that Act (offences in relation to exportation of prohibited or restricted goods)—

(a)in subsection (3) after the words “subsection (4)” there shall be inserted the words “or (4A)” ; and

(b)the following subsection shall be inserted after subsection (4):—

(4A)In the case of an offence under subsection (2) above in connection with the prohibition contained in section 21 of the Forgery and Counterfeiting Act 1981, subsection (3)(b) above shall have effect as if for the words “2 years” there were substituted the words “10 years”..

(3)In section 170 of that Act (penalty for fraudulent evasion of duty, etc.)—

(a)in subsection (3) after the words “subsection (4)” there shall be inserted the words “or (4A)”; and

(b)the following subsection shall be inserted after subsection (4):—

(4A)In the case of an offence under this section in connection with the prohibitions contained in sections 20 and 21 of the Forgery and Counterfeiting Act 1981, subsection (3)(b) above shall have effect as if for the words “2 years” there were substituted the words “10 years”..

Modifications etc. (not altering text)

C1The text of ss. 12, 21(3), 23, 26, 29, 30 and Sch. is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

24 Powers of search, forfeiture, etc.U.K.

(1)If it appears to a justice of the peace, from information given him on oath, that there is reasonable cause to believe that a person has in his custody or under his control—

(a)any thing which is a counterfeit of a currency note or of a protected coin, or which is a reproduction made in contravention of section 18 or 19 above; or

(b)any thing which he or another has used, whether before or after the coming into force of this Act, or intends to use, for the making of any such counterfeit, or the making of any reproduction in contravention of section 18 or 19 above,

the justice may issue a warrant authorising a constable to search for and seize the object in question, and for that purpose to enter any premises specified in the warrant.

(2)A constable may at any time after the seizure of any object suspected of falling within paragraph (a) or (b) of subsection (1) above (whether the seizure was effected by virtue of a warrant under that subsection or otherwise) apply to a magistrates’ court for an order under this subsection with respect to the object; and the court, if it is satisfied both that the object in fact falls within one or other of those paragraphs and that it is conducive to the public interest to do so, may make such order as it thinks fit for the forfeiture of the object and its subsequent destruction or disposal.

(3)Subject to subsection (4) below, the court by or before which a person is convicted of an offence under this Part of this Act may order any thing shown to the satisfaction of the court to relate to the offence to be forfeited and either destroyed or dealt with in such other manner as the court may order.

(4)The court shall not order any thing to be forfeited under subsection (2) or (3) above where a person claiming to be the owner of or otherwise interested in it applies to be heard by the court, unless an opportunity has been given to him to show cause why the order should not be made.

(5)Without prejudice to the generality of subsections (2) and (3) above, the powers conferred on the court by those subsections include power to direct that any object shall be passed to an authority with power to issue notes or coins or to any person authorised by such an authority to receive the object.

(6)In the application of this section to Scotland—

(a)in subsection (1) for the words “justice of the peace” there shall be substituted the words “justice within the meaning of section 462 of the M4Criminal Procedure (Scotland) Act 1975”; and

(b)in subsection (2) :—

(i)for the words “A constable” there shall be substituted “The procurator fiscal”; and

(ii)for the words “a magistrates’ court” there shall be substituted “the sheriff court”.

Modifications etc. (not altering text)

C2S. 24(1): power of seizure extended (prosp.) by 2001 c. 16, ss. 50, 52-54, 68, 138(2), Sch. 1 Pt. I para. 26

Marginal Citations

25 Directors’ etc. liability.U.K.

(1)Where an offence under section 18 or 19 of this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

(2)Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

26 Amendment of Schedule 1 to the Criminal Justice (Scotland) Act 1980. U.K.

In Schedule I to the M5Criminal Justice (Scotland) Act 1980 there shall be added at the end the following—

Customs and Excise Management Act 1979.Two officials authorised to do so by the Secretary of State being officials of the authority or body which may lawfully issue the currency notes or protected coins referred to in column 3 hereof.That the coin or note identified in the certificate by reference to a label or otherwise is a counterfeit of a currency note or protected coin; where “currency note” has the meaning assigned to it by section 27(1)(a) of the Forgery and Counterfeiting Act 1981, and “protected coin” means any coin which is customarily used as money in the United Kingdom, any of the Channel Islands, the Isle of Man or the Republic of Ireland.
The following provisions in so far as they have effect in relation to the prohibitions contained in sections 20 and 21 of the Forgery and Counterfeiting Act 1981 namely:—
Sections 50(2) and (3)
Section 68; and
Section 170
(various offences committed in connection with contraventions of prohibitions on the import and export of counterfeits of currency notes or protected coins).
The Forgery and Counterfeiting Act 1981Two officials authorised to do so by the Secretary of State, being officials of the authority or body which may lawfully issue the currency notes or protected coins referred to in column 3 hereof.That the coin or note identified in the certificate by reference to a label or otherwise is a counterfeit of a currency note or protected coin; where “currency note” has the meaning assigned to it by section 27(1)(a) of that Act, and “protected coin” means any coin which is customarily used as money in the United Kingdom, any of the Channel Islands, the Isle of Man or the Republic of Ireland.
sections 14 to 16 (certain offences relating to counterfeiting)..

Modifications etc. (not altering text)

C4The text of ss. 12, 21(3), 23, 26, 29, 30 and Sch. is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

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