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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70697
Experience:  Over 5 years in practice
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If someone forges a signature , but it is not for

Resolved Question:

If someone forges a signature for another, but it is not for financial gain - for example, NHS Organisation, and the employee forges the signature of their manager for their manager for a course expense form as the manager was on holiday but wanted to get paid on time.
Does this still fall under the Counterfeit and Forgery legislation as the individual that did the forgery knowingly copied the signature of the manager rather than a PP etc to pass off as the manager signature. If it does fall under this, is it in the public interest to investigate further as there was no financial loss?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Was it used to induce somebody to believe it was genuine?
Customer: replied 1 year ago.
Yes
Expert:  Jo C. replied 1 year ago.
Then that is an offence I'm afraid.This is not a fraud offence where they would have to prove that there was an intention to gain.All they have to do with forgery is prove that there was an intention to induce another to believe it was genuine.The absence of loss or gain might impact upon any decision to prosecute for public interest reasons though but no more than that.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
would this be an offence under the Counterfeit and Forgery legislation?
Expert:  Jo C. replied 1 year ago.
Yes, S1.
Customer: replied 1 year ago.
brilliant - what about the manager who knowingly had told the individual to do the signature, would this legislation apply to them too?
Expert:  Jo C. replied 1 year ago.
I suppose there would be offences of incitement that could apply but it isn't likely anybody would think that in the public interest to prosecute.
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