JT, R v [2000] EWCA Crim 61 (20th November, 2000)

A tachograph record sheet is capable of being a false instrument under Section 9(1)(g) of the Forgery and Counterfeiting Act 1981 if it purports to have been made in circumstances (such as the presence of a second driver) which did not exist, and those circumstances are necessary for the proper making of the document.

Citation: [2000] EWCA Crim 61
Parties: Applicant: Her Majesty's Attorney General; Respondent: The driver (respondent)
Jurisdiction: England and Wales
Procedural Posture: Attorney General's Reference (criminal) / Opinion After Jury Acquittal Following Judge's Ruling
Outcome: Opinion given; tachograph record sheet capable of being a false instrument under Section 9(1)(g)
Legal Topics: Forgery, False Instruments, Interpretation of Forgery and Counterfeiting Act 1981, Tachograph Records

Criminal Law Forgery False Instruments Interpretation of Forgery and Counterfeiting Act 1981 Tachograph Records

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Parties

Her Majesty's Attorney General

Applicant

The driver (respondent)

Respondent

Procedural Posture

Attorney General's Reference (criminal) / Opinion After Jury Acquittal Following Judge's Ruling

Legal Issues

1 What constitutes falsity for the purposes of the Forgery and Counterfeiting Act 1981, specifically Section 9(1)(g)
2 Whether a tachograph record sheet can be a false instrument under the Act

Ratio Decidendi

Court Disposition

Opinion given; tachograph record sheet capable of being a false instrument under Section 9(1)(g)