Forgery and counterfeiting are dealt with in Forgery and Counterfeiting Act 1981. The offences defined by this act are serious criminal offences, often carrying severe penalties, including imprisonment. But what exactly constitutes forgery  and when does an act become a criminal offence? If you’re facing a forgery investigation or charge, understanding the law is crucial. You should also get in touch as soon as possible with a fraud defence solicitor who can help you navigate through this worrying time.  

Firstly, what is forgery? 

In simple terms, under the Forgery and Counterfeiting Act 1981, forgery is the act of making a false instrument with the intent that it be used to deceive and cause some form of gain or loss.  

For an act to be considered criminal forgery, there must be an intent to deceive, and this deception must have the potential to cause some form of benefit or loss. 

A false instrument is something which is intentionally created to deceive somebody into believing that it is genuine. To break it down even further one needs to consider firstly what is “false”. The act provides several different definitions but perhaps the most common and simple is that it is false “if it purports to have been made in the form in which it is made by a person who did not in fact make it in that form” 

An instrument is defined as  

• Any document 

• Any stamp issued or sold by a postal operator 

• Any inland revenue stamp 

• Any disc, tape, soundtrack or other device on or in which information is recorded or stored by mechanical electronic or other means 

Examples of false instruments would include material which claims to have been made by somebody who did not make it such as artwork, music, cheques or certificates. 

One of the most common types of forgeries relates to the manufacturing and selling of fake designer goods. Individuals often consider these types of offences as trivial and without victim. But governments and the courts consider this type of offending as very serious given the impact on employment and loss VAT as well as individual and company tax revenues. 

Investigations and enforcement of offences related to counterfeit goods are carried out by a number of different law enforcement agencies including the police, His Majesty’s Revenue and Customs and also Trading Standards. . 

Forgery vs. fraud: what’s the difference? 

Forgery and fraud are closely linked. Whilst they are defined differently, there are a number of instances where an individual does an act which might constitute several different offences. 

If an individual offers fake items for sale online which they represent to be a genuine article they could be prosecuted under the Forgery and Counterfeiting Act 1981, the Fraud Act 2006 or even the Proceeds of Crime Act 2002. 

Penalties for forgery in the UK 

Forgery offences can carry significant penalties. Depending on the circumstances, punishments may include:
– Up to 10 years’ imprisonment for serious forgery offences
– Unlimited fines 

The severity of the sentence depends on factors such as the scale of the deception, the financial impact on victims, and whether the forgery was part of an organised criminal operation. 

There are also other implications to these types of investigations and investigation such as bank accounts or assets being frozen and confiscation of assets under the Proceeds of Crime Act 2002 

Defences against forgery charges 

If you are facing forgery, fraud or counterfeiting investigations or allegations, a strong legal defence is essential. This is where an experienced fraud defence solicitor such as Burton Copeland is vital, in order to work with you to put forward a robust defence.  

These types of investigations and prosecutions are specialised and often very complex. Burton Copeland has copious experience in dealing with these types of cases and liaising with law enforcement agencies and the Crown Prosecution Service to ensure that all reasonable lines of enquiry are investigated and that you receive a fair trial if you are prosecuted. 

Facing a forgery investigation or charge? Get expert legal advice from a fraud defence solicitor 

Being accused of forgery is a serious matter that can have life changing consequences. If you are under investigation or facing charges, it’s crucial to seek specialist legal representation as early as possible. At Burton Copeland, our team of fraud defence solicitors are highly experienced in defending forgery charges, and will be able to help you and provide; 

• Expert advice 

• Representation during interview by law enforcement agencies 

• Making representations concerning other lines of enquiry 

• Court representation 

• Assistance with any associated Proceeds of Crime Act implications
  

Contact us today for a confidential consultation.