C1Part I Forgery and Kindred Offences

Annotations:
Modifications etc. (not altering text)
C1

Pt. I (ss.1-13) modified (11.11.1999) by 1999 c. 33, ss. 31(3)(a), 170(3)(e)

Offences

5 Offences relating to money orders, share certificates, passports, etc.

1

It is an offence for a person to have in his custody or under his control an instrument to which this section applies which is, and which he knows or believes to be, false, with the intention that he or another shall use 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 his own or any other person’s prejudice.

2

It is an offence for a person to have in his custody or under his control, without lawful authority or excuse, an instrument to which this section applies which is, and which he knows or believes to be, false.

3

It is an offence for a person to make or to have in his custody or under his control a machine or implement, or paper or any other material, which to his knowledge is or has been specially designed or adapted for the making of an instrument to which this section applies, with the intention that he or another shall make an instrument to which this section applies which is false and that he or another shall use the instrument to induce somebody to accept it as genuine, and by reason of so accepting it to do or not to do some act to his own or any other person’s prejudice.

4

It is an offence for a person to make or to have in his custody or under his control any such machine, implement, paper or material, without lawful authority or excuse.

5

The instruments to which this section applies are—

a

money orders;

b

postal orders;

c

United Kingdom postage stamps;

d

Inland Revenue stamps;

e

share certificates;

f

passports and documents which can be used instead of passports;

F6fa

immigration documents;

g

chequesF2and other bills of exchange ;

h

travellers’ cheques;

F3ha

bankers' drafts;

hb

promissory notes;

j

cheque cards;

F4ja

debit cards;

k

credit cards;

l

certified copies relating to an entry in a register of births, adoptions, marriages F7, civil partnershipsor deaths and issued by the Registrar General, the Registrar General for Northern Ireland, a registration officer or a person lawfully authorised to F8issue certified copies relating to such entries ; and

m

certificates relating to entries in such registers.

6

In subsection (5) (e) above “share certificate” means an instrument entitling or evidencing the title of a person to a share or interest—

a

in any public stock, annuity, fund or debt of any government or state, including a state which forms part of another state; or

b

in any stock, fund or debt of a body (whether corporate or unincorporated) established in the United Kingdom or elsewhere.

F17

An instrument is also an instrument to which this section applies if it is a monetary instrument specified for the purposes of this section by an order made by the Secretary of State.

8

The power under subsection (7) above is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

F59

In subsection (5)(fa) “ immigration document ” means a card, adhesive label or other instrument which satisfies subsection (10) or (11).

10

A card, adhesive label or other instrument satisfies this subsection if it—

a

is designed to be given, in the exercise of a function under the Immigration Acts (within the meaning of section 44 of the Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004), to a person who has been granted leave to enter or remain in the United Kingdom, and

b

carries information (whether or not wholly or partly electronically) about the leave granted.

11

A card, adhesive label or other instrument satisfies this subsection if it is given to a person to confirm a right of his under the Community Treaties in respect of entry to or residence in the United Kingdom.