Commentary on Sections
Section 1: Offence of supplying specialist printing equipment knowing it will be used for criminal purposes
8.Section 1 creates a new offence of supplying specialist printing equipment knowing that it will be or is intended to be used for the purposes of criminal conduct.
9.Subsection (2) defines “criminal conduct” as that which constitutes a criminal offence, whether or not in England and Wales.
10.Subsection (3) sets out that the offence is triable on indictment, and that the maximum penalty is imprisonment for up to 10 years or a fine, or both.
11.By subsection (4), if any other person (i.e. a body corporate or a partnership) is convicted of the offence, the maximum penalty is a fine.
12.Subsection (5) provides a defence if the conduct was necessary for the proper exercise of any function of the police.
Section 2: Meaning of “specialist printing equipment”
13.Subsection (1) defines “specialist printing equipment” as any equipment which is designed or adapted for, or is otherwise capable of being used for, the making of relevant documents, including any material or article that is used in the making of such documents.
14.Subsection (2) defines a “relevant document” as anything that is or purports to be: an identity document; a travel document; an entry document; a document used for verifying the holder’s age or national insurance number; a currency note or protected coin; a debit or credit card; and any other instrument to which section 5 of the Forgery and Counterfeiting Act 1981 applies.
15.Subsection (3) further defines the meaning of an “identity document”. Subsection (4) further defines the meaning of a “travel document”. Subsection (5) further defines the meaning of an “entry document”. Subsection (6) defines various other terms used in the section.
Section 3: Offences by bodies corporate and partnerships etc
16.Section 3 provides for situations where the offence is committed by a body corporate or a partnership. Subsection (1) provides that the body is to be treated as having the requisite knowledge that the equipment will be or is intended to be used for the purposes of criminal conduct if a person who has responsibility within the body has that knowledge. Subsections (2) and (8) provide (respectively) that where the offence is committed by a body corporate or partnership, and it is proved that an officer or partner either:-
consented or connived to the offence, or
that the offence was attributable to neglect on the part of the officer or partner,
then that person is guilty of the offence (as well as the body itself) and may be prosecuted and dealt with accordingly. By subsection (9), such neglect can only be attributed if the officer or partner ought reasonably to have known of the facts giving rise to the offence.
Section 4: Application to Crown
17.Section 4 provides that the Act applies to individuals in the public service of the Crown.
