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Forgery and Counterfeiting
If you or your business are being investigated or face allegations of forgery or counterfeiting, JMW’s expert defence solicitors provide advice, assistance and representation for all types of forgery and counterfeiting matters. We have vast experience in this particular area of law and have been at the forefront of defending charges of forgery and counterfeiting for many years.
Our team is ranked as a Top Tier Fraud Firm by the Legal 500 and Chambers and Partners, meaning you can rest assured your case is in very good hands. We are known for our professionalism and ability to get the right results in even the most complex of forgery and counterfeiting cases.
Sentences for forgery and counterfeiting can be very serious and it is, therefore, imperative that you seek legal assistance at the earliest opportunity, should you face any such charges.
How JMW Can Help
We are able to provide expert legal help and assistance on all types of forgery and counterfeiting in the business world. Our team has extensive knowledge and a deep understanding of all related legislature. We will use our expertise in this area to help you build the strongest possible defence to give you the best chance of securing the outcome you are after.
Our solicitors have defended those accused of forging documents and those inadvertently involved in comprehensive document fraud schemes, as well as those who have been charged with being in possession of faked documents. No matter what situation you are in, we can help.
When facing charges as serious as this, you need someone you can rely on to fight your corner, providing honest and practical advice about any difficulties with your case. Our team is available at any time of the day you may need us and will stay in contact with you throughout proceedings to ensure you’re aware of your rights, options and understand the next steps to take.
What is Forgery?
Forgery is the process of making, copying or using a ‘false instrument’, which can include a document, signature, banknote or another object of value such as artwork, with the intent of deceiving another. Documents that can be the object of forgery offences include but are not limited to:
- Driving licences
- Identity cards
- Statutes and executive documents
- Birth, marriage and death certificates
- Bank cards
- Judicial documents
In addition, subject to how a forged document may be used, you may also face an allegation of attempting to pervert the course of justice.
What is Counterfeiting?
An allegation of counterfeiting under the Forgery and Counterfeiting Act 1981 can relate to, in amongst other offences, the following:
- The making of counterfeit currency notes of protected coins;
- The passing on or tender of counterfeit notes or coins as genuine;
- To be in possession or control of counterfeit notes of protected coins;
- To import or export counterfeit notes or protected
Subject to which offence is prosecuted, the maximum sentence could be up to seven years’ imprisonment and confiscation proceedings under the Proceeds of Crime Act 2002 may follow.
FAQs About Forgery and Counterfeiting
What legislation is associated with forgery?
The forgery of certain documents is often dealt with by specific pieces of legislation. For instance:
- Forgery of birth, marriage and death documents - covered by section 7 of non-parochial Registers Act 1840 and sections 36 and 37 of Forgery Act 1861
- Passport forgery - covered by section 36 of the Criminal Justice Act 1984
- Forgery of judicial documents - covered by section 133 of the County Courts Act 1984
- Forgery of statutes and executive documents - covered by a number of sections of the Evidence Act 1845 and the Documentary Evidence Act 1882
- Forgery of road traffic documents/driving licences - covered by section 173 of the Road Traffic Act 1973 and section 44 of the Vehicle Excise and Registration Act 1994
Other acts that deal with the forgery of official documents include the Identity Cards Act 2006, the Identity Documents Act 2010 and the Forgery and Counterfeiting Act 1981.
I am being investigated over an employee’s eligibility to reside in the UK. Can you help?
Under section 31 of the Immigration and Asylum Act 1999, there is protection for those travelling on false documents in order to seek asylum. The defence applies to offences committed under acts including the Forgery and Counterfeiting Act 1981 and the Identity Documents Act 2010.
If you own a business or employ staff and you are being investigated over their eligibility to reside in the UK, we can help.
How is passing or tendering counterfeit money proven?
Passing includes giving or spending and an offence is committed when there is intent that someone else should use the currency afterwards. For these offences to be proven, the defendant must know or believe that the currency is counterfeit. It is not enough for the prosecution to show that you suspected it was fake, they have to show that you knew.
What are the penalties related to counterfeiting money?
There are various offences that could be alleged under the Forgery and Counterfeiting Act 1981. Such offences range from a maximum sentence of two years’ imprisonment or a fine, or both, to 10 years’ imprisonment or fine, or both.