Allegations of forgery are among the most serious dishonesty offences prosecuted in England and Wales. They can arise in a wide range of circumstances, from business and employment disputes to family matters and financial investigations. In many cases, individuals are shocked to find themselves under criminal investigation for conduct they did not believe to be unlawful.
Forgery cases are often complex and potentially life changing. For this reason, Harewood Law has explained how forgery cases are investigated and what the prosecution must prove for a conviction to hold, aided by our years of experience defending these allegations.
What counts as forgery under UK law
In England and Wales, forgery is primarily governed by the Forgery and Counterfeiting Act 1981. Under this legislation, a person commits forgery if they:
- Make a false instrument intending that it be accepted as genuine,
- Copy a false instrument knowing it to be false, or
- Use a false instrument with the intent that it is accepted as genuine.
What is a false instrument?
A false instrument can include a wide range of documents or items, such as:
- Contracts and legal forms
- Certificates and licences
- Banknotes and identification documents
- Postal orders and stamps
- Share certificates
- Cheques and debit/credit cards
- Digital or printed materials meant to appear authentic
Forgery is distinct from fraud, which is broader and centres on dishonest gain or loss rather than the act of creating or using a fake document. However, allegations of forgery and fraud often arise together, and a coordinated defence strategy is required.
Counterfeiting and related offences
Counterfeiting, such as creating fake currency or protected coins, forms part of the wider framework set out in the Forgery and Counterfeiting Act 1981 and can attract similarly serious consequences. It is an offence to make, possess, or intend to pass counterfeit currency or items as genuine.
These offences may also be charged alongside:
- Fraud under the Fraud Act 2006
- Money laundering under the Proceeds of Crime Act 2002
- Other dishonesty offences, depending on the circumstances.
Common Examples of Forgery Allegations
Forgery allegations arise in a wide range of situations, including:
- Signing another person’s name on contracts or agreements
- Altering financial records or invoices
- Falsifying employment references or qualifications
- Producing or using counterfeit identity documents
- Altering wills, deeds, or legal papers
- Counterfeiting currency or protected items
In many cases, individuals are accused of forgery in the context of:
- Business or commercial disputes
- Employment disagreements
- Family or probate disputes
- Financial investigations
What’s the difference between forgery and counterfeiting?
While closely linked, forgery and counterfeiting are not identical. Both are covered under the 1981 Act and can attract severe penalties, particularly where there is evidence of planning, financial gain, or organised activity.
Forgery is most commonly the act of falsifying instruments and documents whereas counterfeiting usually involves creating false money or consumer (branded) products.
How forgery investigations are investigated
Forgery investigations are often detailed and evidence heavy. They may be conducted by local police forces, specialist fraud units, or regulatory bodies, depending on the nature of the allegation. Investigations frequently involve the seizure of documents and electronic devices, forensic examination of handwriting or digital files, and analysis of financial or communications records.
Individuals may be invited to attend a voluntary interview under caution or may be arrested and interviewed at a police station. These interviews are a critical stage of the investigation, as statements made at this point can have a lasting impact on the case. Early legal advice ensures that suspects understand the allegations, the evidence, and their rights before responding to questions.
What the prosecution must prove
To convict a defendant of forgery, the prosecution must prove beyond reasonable doubt that:
- The document or item was a false instrument
- The defendant made, copied, or used it
- The defendant acted with intent to deceive, meaning they intended another person to accept it as genuine and act as a result
Intent is central to forgery offences. It is not enough for the prosecution to show that a document was incorrect or misleading. They must establish dishonest intent at the time of the alleged conduct.
How forgery allegations are defended
Defending forgery allegations requires detailed legal and evidential analysis. Common defence strategies include:
Challenging intent to deceive
Forgery offences require proof of intention. Defence arguments may include:
- The document was created or altered with permission
- The defendant believed they had authority
- There was no intention for the document to be relied upon
- The conduct was careless rather than dishonest
Disputing whether the instrument is false
Not all inaccuracies amount to forgery. Defence teams may argue that:
- The document is genuine but misunderstood
- Changes were administrative or clerical
- The document does not purport to be something it is not
Forensic and expert evidence
Forgery cases often rely on expert analysis. Independent expert evidence can be decisive.
Defence solicitors may instruct:
- Forensic document examiners
- Handwriting experts
- Digital forensics specialists
Experts can challenge prosecution conclusions on:
- Authorship
- Alterations
- Digital manipulation
- Timing and metadata
Procedural and disclosure challenges
Failures in procedure or disclosure can undermine the prosecution’s case or lead to evidence being excluded. Teams will scrutinise:
- How evidence was obtained
- Whether searches and seizures were lawful
- Whether all relevant material has been disclosed
Alternative explanations
Many forgery allegations arise from misunderstandings or disputes rather than criminal intent. Defence may highlight:
- Civil or contractual disputes being wrongly criminalised
- Family or probate disagreements
- Poor record keeping rather than dishonesty
Providing the correct context can significantly alter how a case is viewed.
What is the penalty for falsifying documents?
Forgery is an indictable offence and can carry severe penalties on conviction. Depending on the seriousness of the conduct and the surrounding circumstances, sentences may include immediate custody, substantial fines, and confiscation proceedings under the Proceeds of Crime Act.
Beyond criminal penalties, individuals accused of forgery may face significant wider consequences. These can include:
- Loss of employment or professional accreditation
- Regulatory or disciplinary proceedings
- Reputational damage
- Immigration or travel consequences
Harewood Law are expert criminal defence lawyers specialising in cases of serious crime, financial crime and fraud.
Our aim is to give every person a chance to fight for justice, as the law allows. We make sure you have the most experienced criminal defence team in your corner to build a robust case defence, and provide legal advice throughout the duration of your case.
Contact us today, we work on privately funded and legally aided cases across Leeds, Bradford, Halifax, Wakefield, Huddersfield, Keighley, across West Yorkshire and the UK.
0333 3448377 | info@harewoodlaw.com
