Making false identity documents with intent
Title: Forgery
Offence: Making false identity documents with intent
Legislation: S25(3) Identity Cards Act 2006
Mode of Trial: Indictable Only
Statutory Limitations & Maximum Penalty: 10 years
Aggravating & Mitigating Factors
- Nature of document
- Intend use of document
- More than one document made or intended to be made
- Intended Gain - financial or otherwise
- Sophisticated Offending
- Professional hallmarks
Relevant Sentencing Guidelines
None
Relevant Sentencing Case Law
None but note old authorities
Passports
R v Singh [1999] 1 Cr App Rep (S) 490
The integrity of the passport system must be maintained and deterrent sentences [for use] are required. Save in exceptional circumstances custodial sentences should be imposed.
R v Cheema [2002] 2 Cr.App.R(S) 79 large scale courier 3 years.
R v Cakraj [2007] EWCA 366 Use Passports: 12 - 18 months on a plea.
R v Fabio De Oliveira [2005] EWCA Crim 3187
Simple possession of a passport. Guilty plea 8 months. The guidelines in Kolawole apply to offences of a passport with intent (S3(1) and S5(1) FCA 1981)accept and not to simple possession (S5(2) FCA 1981).
R v Lindiwe Mutede [2005] EWCA Crim 3208
The defendant, who had a genuine passport, pleaded guilty to obtaining the false immigration letters and false national insurance card to enable her to work in the United Kingdom. The guideline case of Kolawole was primarily concerned with cases falling within the Forgery and Counterfeiting Act 1981, where false passports were used. In the Court's view it was necessary to distinguish between using a false passport to obtain entry into the country, or to remain, and using false immigration letters to obtain work. 6 months.
Ancillary Orders
- Confiscation
Consider Also
- Deportation
Links
Offence ARCHBOLD 22-45a
Sentence ARCHBOLD 22-45a
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