[2001.]
Criminal Justice (Theft and Fraud
Offences) Act, 2001.
[No. 50.]
(b) that the instrument would be used to induce another person Pt.4 S.29
to accept it as genuine and, by reason of so accepting it,
to do some act, or to make some omission, or to provide
some service, to the prejudice of that person or any other
person,
is guilty of an offence.
(4) A person who, without lawful authority or excuse, has in his
or her custody or under his or her control any machine, stamp,
implement, paper or material which to his or her knowledge is or
has been specially designed or adapted for the making of an instrument with the intention that it would be used for the making of a
false instrument is guilty of an offence.
(5) In subsections (3) and (4), references to a machine include
references to any disk, tape, drive or other device on or in which a
program is recorded or stored by mechanical, electronic or other
means, being a program designed or adapted to enable an instrument
to be made or to assist in its making, and those subsections shall
apply and have effect accordingly.
(6) A person guilty of an offence under this section is liable on
conviction on indictment to a fine or imprisonment for a term not
exceeding—
(a) in the case of an offence under subsection (2) or (4), 5 years,
(b) in the case of an offence under subsection (1) or (3), 10
years,
or both.
30.—(1) An instrument is false for the purposes of this Part if it
purports—
(a) to have been made in the form in which it is made by a
person who did not in fact make it in that form,
(b) to have been made in the form in which it is made on the
authority of a person who did not in fact authorise its
making in that form,
(c) to have been made in the terms in which it is made by a
person who did not in fact make it in those terms,
(d) to have been made in the terms in which it is made on the
authority of a person who did not in fact authorise its
making in those terms,
(e) to have been altered in any respect by a person who did not
in fact alter it in that respect,
(f) to have been altered in any respect on the authority of a
person who did not in fact authorise the alteration in that
respect,
(g) to have been made or altered on a date on which, or at a
place at which, or otherwise in circumstances in which, it
was not in fact made or altered, or
25
Meaning of ‘‘false’’
and ‘‘making’’.