Description of the legal term Forgery:
Forgery, in the context of British law, refers to the process of making, adapting, or imitating objects, documents, statistics, or currency with the intent to deceive. This act involves the creation of a forged document or object that is then presented as if it were genuine, with the intent to defraud or cheat. The concept covers a broad range of activities, but at its core, forgery is an offense against the integrity of documents or objects and the trust that society places in these items as representations of truth or value.
Under the law of England and Wales, the primary piece of legislation that deals with forgery is the Forgery and Counterfeiting Act 1981. It replaced earlier statutes, providing a more comprehensive framework to address modern methods of committing this crime. The Act outlines various offences including making a false instrument, with the knowledge that it will be used to induce another person to accept it as genuine and, by reason of so accepting it, to do or not to do some act to their own or another person’s prejudice.
The legal definition of a ‘false instrument’ is broad, covering not only the making of an entirely false document or object but also the alteration of a genuine one in such a way that it becomes false. Therefore, forgery can include actions like changing details on an official document, counterfeiting currency or art, or creating fraudulent identification documents.
A related concept to forgery is the notion of ‘uttering’. This involves passing off or using the forged document with the intention to deceive. Essentially, even if a person has not created a forged item themselves, they commit an offence if they use or distribute such items knowing them to be false.
Sanctions for forgery can be severe, reflecting the serious impact such crimes can have on individual victims and on the economy and society at large. Depending on the specifics of the case, forgery can be tried either summarily (in a Magistrates’ Court) or on indictment (in the Crown Court), with a range of possible sentences including imprisonment, fines, or both.
Legal context in which the term Forgery may be used:
A typical example of forgery may involve the alteration of a legal document. Take, for instance, an individual who changes the terms of a will to benefit themselves. This person could use sophisticated means to make the alterations appear seamless, perhaps by matching the ink and handwriting style used in the original document. When the testator—the person who made the will—passes away, the individual presents this forged document as the true last testament, with the aim of unlawfully inheriting assets or property.
Another common scenario involves the creation of false banknotes. Here, a criminal might use advanced printing technology to produce currency that mimics genuine notes in appearance and texture. The forger would then attempt to introduce these counterfeit notes into circulation, using them as though they were legitimate currency. Such acts can have wide-reaching consequences, undermining confidence in the national currency and potentially destabilizing the economy if done on a significant scale.
Forgery is not only a serious crime in its own right, but it also underpins many forms of fraud, impacting individual citizens, businesses, and the public sector. These fraudulent activities erode trust and can cause significant financial losses. It is essential within the legal system to maintain meticulous standards for verifying the authenticity of documents and objects, and to continue evolving forensic and digital methods of detection to combat the increasing sophistication of this crime. The significance of understanding and addressing forgery in the British legal system cannot be understated; it is central to upholding the rule of law in a world where the faking of reality becomes ever more plausible.
