You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Version Superseded: 21/01/2011
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)It is an offence for a person with the requisite intention to have in his possession or under his control—
(a)an identity document that is false and that he knows or believes to be false;
(b)an identity document that was improperly obtained and that he knows or believes to have been improperly obtained; or
(c)an identity document that relates to someone else.
(2)The requisite intention for the purposes of subsection (1) is—
(a)the intention of using the document for establishing registrable facts about himself; or
(b)the intention of allowing or inducing another to use it for establishing, ascertaining or verifying registrable facts about himself or about any other person (with the exception, in the case of a document within paragraph (c) of that subsection, of the individual to whom it relates).
(3)It is an offence for a person with the requisite intention to make, or to have in his possession or under his control—
(a)any apparatus which, to his knowledge, is or has been specially designed or adapted for the making of false identity documents; or
(b)any article or material which, to his knowledge, is or has been specially designed or adapted to be used in the making of false identity documents.
(4)The requisite intention for the purposes of subsection (3) is the intention—
(a)that he or another will make a false identity document; and
(b)that the document will be used by somebody for establishing, ascertaining or verifying registrable facts about a person.
(5)It is an offence for a person to have in his possession or under his control, without reasonable excuse—
(a)an identity document that is false;
(b)an identity document that was improperly obtained;
(c)an identity document that relates to someone else; or
(d)any apparatus, article or material which, to his knowledge, is or has been specially designed or adapted for the making of false identity documents or to be used in the making of such documents.
(6)A person guilty of an offence under subsection (1) or (3) shall be liable, on conviction on indictment, to imprisonment for a term not exceeding ten years or to a fine, or to both.
(7)A person guilty of an offence under subsection (5) shall be liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;
(b)on summary conviction in England and Wales, to imprisonment for a term not exceeding twelve months or to a fine not exceeding the statutory maximum, or to both;
(c)on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
but, in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the reference in paragraph (b) to twelve months is to be read as a reference to six months.
(8)For the purposes of this section—
(a)an identity document is false only if it is false within the meaning of Part 1 of the Forgery and Counterfeiting Act 1981 (c. 45) (see section 9(1) of that Act); and
(b)an identity document was improperly obtained if false information was provided, in or in connection with the application for its issue or an application for its modification, to the person who issued it or (as the case may be) to a person entitled to modify it;
and references to the making of a false identity document include references to the modification of an identity document so that it becomes false.
(9)Subsection (8)(a) does not apply in the application of this section to Scotland.
(10)In this section “identity document” has the meaning given by section 26.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Click 'View More' or select 'More Resources' tab for additional information including: