ÑÇÖÞÉ«ÇéÍø

Offence of making a false instrument

A person is guilty of forgery under section 1 of the Forgery and Counterfeiting Act 1981 (FCA 1981) if they make a false instrument, with the intention that they or another uses 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 their own or any other person's prejudice.

'Instrument'

FCA 1981, s 8 provides a definition of instrument applicable for all of the offences created by FCA 1981. Instrument includes any document, postal stamp, Inland Revenue stamp, disk, tape, sound track or other device on or in which information is recorded or stored by mechanical, electronic or other means.

Document is not defined by FCA 1981 but it does not include any currency notes which are covered by the counterfeiting offences in Part II of FCA 1981. See Practice Note: Counterfeiting notes and coins.

Electronic impulses representing passwords for accessing computers are not instruments so 'hacking' into a computer or the misuse of passwords cannot be forgery but would