APPENDICES
are being made available on that basis or, ii) they might be, but intend that payment will not be made, or will not be made in full.
¶5.44 A person guilty of an offence under s11 is liable on summary conviction to imprisonment for
a term not exceeding 6 months and/or to a fine not exceeding the statutory maximum, or on conviction on indictment to imprisonment for a term not exceeding 5 years or to a fine, or to both.
¶Falsification, forgery and counterfeiting 5.45 Offences of falsification will often also amount to fraud within the meaning of the Fraud
Act 2006, although dishonesty need not be proved in cases charges under the Forgery and Counterfeiting Act 1981.
¶5.46 The Forgery and Counterfeiting Act 1981 repealed a number of older statutory offences
of forgery and abolished forgery at common law. Part 1 of the Act creates the following offences:467 (a) making a false instrument, s1; (b) copying a false instrument, s2; (c) using a false instrument, s3; (d) using a copy of a false instrument, s4; (e) having custody or control of specified kinds of false instrument, s5(1); and (f) making or having custody etc of machines paper etc for making false instruments of that kind, s5(3)..
¶5.47 These offences all require an "intention to induce" somebody to accept the instrument as
genuine and "by reason of so accepting it to do or not to do some act to his own or any other person's prejudice".468
¶5.48 An instrument is only regarded as false if it purports to be something it is not, or it tells a lie about its own authorship, origins or history.
¶Offences relating to identity documents 5.49 The Identity Cards Act 2006 was repealed on 21 January 2011 by the Identity Documents
Act 2010, although the offences created by s25 of the 2006 Act were re-enacted with consequential amendments in ss4,5 Submissions 36 Press freedom within the rule of law and the role of statute 65 Political news management 1155 Chapter 4: The Conservative revival and the coalition 1164 Communications Act 2003 1278 Chapter 6: media policy: The BSkyB bid 1299 pp1-14, lines 4-17, http://www.levesoninquiry.org.uk/wp-content/uploads/2012/05/Transcript-of-Afternoon- Hearing-15-May-2012.pdf para 664, Ibid p6, para 3, http://www.levesoninquiry.org.uk/wp-content/uploads/2012/07/Witness-Statement-of-Dr-Neil-Manson.pdf p2, http://www.levesoninquiry.org.uk/wp-content/uploads/2012/07/Witness-Statement-of-Professor-Christopher- Megone.pdf Guardian website based on ABC figure http://www.guardian.co.uk/media/table/2011/oct/14/abcs-national- newspapers http://www.newscorp.com/investor/annual_reports.html http://www.sky.com/products/tv-packs/extra-channels/ p2-3, http://www.levesoninquiry.org.uk/wp-content/uploads/2012/07/Witness-Statement-of-Professor-Christopher- Megone.pdf O'Malley, T and C Soley, Regulating the Press, pp51-56 p28, para 27, http://www.levesoninquiry.org.uk/wp-content/uploads/2012/01/Witness-Statement-of-Stephen-Abell.pdf pp77-78, lines 15-3, DCI Middleton, ibid p4, para 3.5, ibid p32, para 83, http://www.levesoninquiry.org.uk/wp-content/uploads/2012/03/Witness-Statement-of-Andy- Hayman1.pdf http://www.levesoninquiry.org.uk/evidence/?witness=dac-sue-akers Communications Act 2003 1278 Chapter 6: Media policy: The BSkyB bid 1299 see for instance Flood v Times Newspapers 2012 UKSC 11 pp7-8, lines 25-2, Rhodri Davies QC, http://www.levesoninquiry.org.uk/wp-content/uploads/2012/07/Transcript-of- Afternoon-Hearing-24-July-2012.pdf Part E Chapter 4 p2, para 6, http://www.levesoninquiry.org.uk/wp-content/uploads/2011/11/Witness-Statement-of-Sally-Bob-Dowler. pdf pp33-34, lines 19-5, Charlotte Church, http://www.levesoninquiry.org.uk/wp-content/uploads/2011/11/Transcript-of- Afternoon-Hearing-28-November-20111.pdf; p11, para30, http://www.levesoninquiry.org.uk/wp-content/uploads/2011/11/Witness-Statement-of-Charlotte-Church.pdf p4, http://www.levesoninquiry.org.uk/wp-content/uploads/2011/11/Witness-Statement-of-Richard-Peppiatt.pdf HMIC Without Fear or Favour: A review of police relationships http://www.hmic.gov.uk/media/a-review-of-police- relationships-20111213.pdf p14, lines 8-9, Lord Condon, http://www.levesoninquiry.org.uk/wp-content/uploads/2012/03/Transcript-of-Morning- Hearing-6-March-20122.pdf p34, lines 9-14, Brian Paddick, http://www.levesoninquiry.org.uk/wp-content/uploads/2012/02/lev270212pm.pdf Part G Chapter 3 p39, lines 20-23, Francis Aldhouse, http://www.levesoninquiry.org.uk/wp-content/uploads/2011/12/Transcript-of- Morning-Hearing-5-December-2011.pdf p10, para 4.14, http://www.levesoninquiry.org.uk/wp-content/uploads/2011/11/Witness-Statement-of-Alexander- Owens1.pdf pp22-24, paras 6.1-6.7, ibid p66, lines 5-9, Richard Thomas, http://www.levesoninquiry.org.uk/wp-content/uploads/2011/12/Transcript-of- Afternoon-Hearing-9-December-2011.pdf Part H, Chapter 5, para 2.57 p39, lines 3-4, Tony Blair, http://www.levesoninquiry.org.uk/wp-content/uploads/2012/05/Transcript-of-Morning- Hearing-28-May-2012.pdf The Sun, 11 April 1992; see p16, ibid p21, para 60, http://www.levesoninquiry.org.uk/wp-content/uploads/2012/06/Witness-Statement-of-David- Cameron-MP.pdf p7, ibid p2, lines 4-13, Lord Justice Leveson, http://www.levesoninquiry.org.uk/wp-content/uploads/2012/04/Transcript-of- Afternoon-Hearing-23-April-2012.pdf p3, lines 2-12, ibid p52, lines 6-13, Viscount Rothermere, http://www.levesoninquiry.org.uk/wp-content/uploads/2012/05/Transcript-of- Morning-Hearing-10-May-2012.pdf pp65-68, lines 7-2, Claire Enders, http://www.levesoninquiry.org.uk/wp-content/uploads/2012/07/Transcript-of- Afternoon-Hearing-17-July-2012.pdf Part E, Chapter 4 p37, lines 12-24, Paul Ashford, http://www.levesoninquiry.org.uk/wp-content/uploads/2012/01/Transcript-of- Afternoon-Hearing-12-January-2012.pdf; pp73-77, lines 25-2, Richard Desmond, http://www.levesoninquiry.org.uk/ wp-content/uploads/2012/01/Transcript-of-Afternoon-Hearing-12-January-2012.pdf Part J, Chapters 2 and 3 p67, lines 1-12, Lord Hunt, http://www.levesoninquiry.org.uk/wp-content/uploads/2012/01/Transcript-of-Afternoon- Hearing-31-January-2012.pdf K p2, para 4, ibid p102, lines 1-9, Ed Richards and Colette Bowe, http://www.levesoninquiry.org.uk/wp-content/uploads/2012/07/ Transcript-of-Morning-Hearing-12-July-2012.pdf p52, lines 17-24, Professor John Horgan, ibid p13, para 1, http://www.levesoninquiry.org.uk/wp-content/uploads/2012/07/Submission-by-Lord-Black-of- Brentwood1.pdf Part K, Chapter 7, para 4.20; it would be particularly worthwhile to give consideration to the evidence that was provided to the Inquiry both in witness statements and orally, but specifically deployed on 16 July 2012 Part K, Chapter 7, para 4.10 1803 L Signed and proclaimed by the Presidents of the European Parliament, the Council and the Commission at the European Council meeting in Nice on 7 December 2000 and 6 of the 2010 Act.
¶5.50 Section 4 provides that it is an offence for a person with an improper intention to have in
1935their possession or under their control an identity document that is false and that they know or believe to be false, an identity document that was improperly obtained and that they know or believe to have been improperly obtained, or an identity document that relates to someone else.469
¶Appendix 4 | Legal Materials
¶5.51 Section 5 provides that it is an offence for a person with the prohibited intention to make
or have in their possession or under their control, any apparatus which, to their knowledge, is or has specially been designed or adopted for the making of false identity documents or any article or material which, to the person's knowledge, is or has been specially designed or adapted to be used in the making of such documents.470
¶5.52 Section 6 provides that it is an offence for a person, without reasonable excuse, to have in
their possession or under their control, (a) an identity document that is false, (b) an identity document that was improperly obtained, (c) an identity document that relates to someone else, (d) any apparatus which, to the person's knowledge, is or has been specially designed or adopted for the making of false identity documents, or (e) any article or material which, to the person's knowledge, is or has been specially designed or adapted to be used in the making of such documents.
¶Impersonation of a police officer 5.53 It is an offence contrary to the Police Act 1996 s90(2) for someone who is not a police officer
to wear any article of police uniform, which includes distinctive badges, marks and documents where it gives that person an appearance so resembling a member of a police force that is calculated to deceive, s90 Police Act 1996.
¶5.54 The offence is punishable on summary conviction with a fine not exceeding level 3.
¶Gaining access to a prohibited place 5.55 Section 1 of the Official Secrets Act 1920 creates an offence where a person, for the purpose
of gaining admission or of assisting any other person to gain admission to a prohibited place, or for any other purpose prejudicial to the safety or interests of the State:471
1936(a) uses or wears without lawful authority, any naval, military, air-force, police or other official uniform, or any uniform so nearly resembling the same as to be calculated to deceive, or falsely represents themselves to be a person who is or has been entitled to use or wear any uniform; (b) orally or in writing in any declaration or application, or in any document signed by them or on their behalf, knowingly makes or connives at the making of any false statement or any omission; (c) tampers with any passport or naval, military, air-force, police or other official pass, permit, certificate, licence, or other document of a similar character, or has in their possession any forged, altered or irregular official document; (d) personates or falsely represents themselves to be a person holding, or in the employment of a person holding office under His/Her Majesty or to be a person to whom an official document or secret official code word or pass word has been duly issued or communicated, or with intent to obtain any official document, secret official code word or pass word, for themselves of another, knowingly makes any false statement;