Commentary on Sections Offences Section 25: Possession of false identity documents
149.This section creates new criminal offences relating to the possession of false identity documents. Subsections (1) and (2) set out the circumstances in which a person is guilty of an offence if he is in possession of a document which he knows or believes to be false or a genuine document that has been improperly obtained or relates to someone else. To be guilty of the offence the person must have the intention that the document be used for identity fraud.
150.Subsections (3) and (4) create a similar offence in relation to the possession of equipment which is designed or adapted for making false identity documents. Subsection (6) sets out the maximum penalties for such offences as being 10 years imprisonment or a fine or both.
151.Subsection (5) makes it an offence for a person to have in his possession, without reasonable excuse, a false identity document or a genuine document that has been improperly obtained or relates to someone else, or equipment used for making false identity documents. Unless there is a reasonable excuse, these offences apply irrespective of any intent to use the documents or equipment. Subsection (7) prescribes a maximum penalty of 2 years imprisonment, a fine or both.
152.Subsection (8) defines ‘false’ as being false within the meaning of Part 1 of the Forgery and Counterfeiting Act 1981. It then defines an ‘improperly obtained’ document as being one in relation to which false information was provided in the course of the application procedure.
153.Subsection (9) states that the definition of “false” in subsection (8)(a) does not apply in the application of this section to Scotland because Part 1 of the Forgery and Counterfeiting Act 1981 does not apply in Scotland.
154.Subsection (10) applies the definition of “identity document” in section 26 for the purpose of these offences.