When Do Forgery and Counterfeiting Become a Criminal Offences?
Forgery and Counterfeiting Offences
Forgery and counterfeiting are serious criminal offences under the Forgery and Counterfeiting Act 1981. If you are investigated or charged with an offence of this kind, you could face severe consequences, including imprisonment. It’s crucial to understand exactly what constitutes as forgery or counterfeiting under the law, and when these acts cross the line into criminal conduct. If you are under investigation or facing charges, our experienced fraud defence solicitors can provide the expert guidance and robust defence you need.
What is Forgery?
The Forgery and Counterfeiting Act 1981 defines forgery as:
“A person is guilty of forgery if he makes a false instrument, 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.”
For an act to be considered criminal forgery, there must be an intent to deceive. This deception must have the potential to cause some form of benefit or loss.
What is a False Instrument?
A false instrument is a document or item that falsely claims to be genuine, with the aim of deceiving others. Under the Forgery and Counterfeiting Act 1981, an instrument is considered false if it claims to have been made or signed by someone who did not actually make or sign it, to have been made at a time or place when it was not, or to have been made with authority that was not actually given. This could include fake passports, forged contracts, counterfeit certificates, or any document intended to mislead and cause unlawful gain or loss.
One of the most common examples of forgery and counterfeiting in practice is the manufacturing and selling of fake designer goods. While these offences are sometimes perceived as less serious or as “victimless crimes,” they are taken very seriously by the authorities.
Governments and courts recognise that counterfeit goods harm employment, reduce company and individual tax revenues, and result in significant VAT losses.
Investigations and enforcement of offences related to counterfeit goods are carried out by various law enforcement agencies, including the police, His Majesty’s Revenue and Customs (HMRC), and Trading Standards.
What’s the Difference Between Forgery and Fraud?
The law treats forgery and fraud as distinct offences, even though they often overlap. Forgery focuses on creating or using a false document, known as a “false instrument,” with the intention of deceiving someone into accepting it as genuine. The emphasis is on the act of falsification itself, for example, forging a signature on a legal document or producing a fake passport.
Fraud, on the other hand, is a broader offence that centres on dishonest behaviour carried out to make a gain or cause a loss to another person. Under the Fraud Act 2006, a person commits fraud if they dishonestly make a false representation, fail to disclose information when they are under a legal duty to do so, or abuse a position of trust. The key focus in fraud cases is the intent to deceive for financial or personal benefit, rather than simply the creation of a false document.
Prosecutors charge forgery and fraud under different legislation because each offence involves different legal elements, even though they can sometimes overlap. For example, if someone sells fake designer items online, they may have committed forgery by creating counterfeit goods and fraud by misrepresenting those goods as genuine to make a profit. In some cases, they could also face charges under the Proceeds of Crime Act 2002 for benefiting financially from illegal activities.
What’s the Penalty for Forgery in the UK?
Penalties for forgery offences depend on the circumstances of the case but can include up to 10 years’ imprisonment for the most serious offences, as well as unlimited fines.
When deciding on a sentence, the court will consider factors such as the scale of the deception, the financial impact on victims, and whether the forgery was part of an organised criminal operation.
Forgery and fraud offences often involve additional legal consequences beyond prison sentences or fines. Individuals under investigation may face frozen bank accounts or assets, as well as confiscation of assets under the Proceeds of Crime Act 2002.
Legal Defences Against Forgery Charges
If you are facing allegations for fraud, counterfeiting, or forgery, it’s vital you form a strong legal defence. At Cartwright King, our fraud solicitors are here to protect your best interests and minimise disruption.
Investigations and prosecutions for forgery and fraud are often highly technical and legally demanding. Our solicitors are experienced in handling the complexities involved and are skilled at navigating every stage of the process. We work with law enforcement agencies and the Crown Prosecution Service to ensure that all relevant evidence is properly examined and that your case is handled fairly from start to finish.
Seeking Legal Defence for a Forgery Investigation and Charge
Being under investigation or facing charges for forgery can have life-changing consequences. It is vital to seek specialist legal advice as early as possible to protect your rights and give yourself a strong defence.
At Cartwright King, our experienced fraud defence solicitors provide comprehensive support throughout your case. We can help you with:
- Expert legal advice tailored to your situation
- Representation during interviews with the police or other investigating authorities
- Careful analysis and challenge of the evidence against you
- Strategic advice on pursuing other lines of enquiry and building your defence case
- Skilled representation and advocacy in court proceedings
- Assistance with any related matters under the Proceeds of Crime Act, including asset restraint or confiscation
Our fraud solicitors are committed to defending your interests. Our team will guide you through every stage of the process with clarity and confidence.
Give us a call today on 03458 941 622 or request a call back on our online enquiry form.
Legal Disclaimer
All advice is correct at time of publication.
