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Section 268 Forgery, false statements etc

I1(1)

A person commits an offence if the person—

(a)

makes, in a relevant document, an entry or statement which is false; and

(b)

does so knowing that the entry or statement is false or being reckless as to whether it is false.

(2)

A person commits an offence if—

(a)

with intent to deceive, the person makes use of an entry or statement in a relevant document;

(b)

the entry or statement is false; and

(c)

the person knows it to be false.

(3)

In this section “relevant document” means any of the following—

(a)

a statement of incapacity for the purposes of section 13;

(b)

a relevant certificate (as defined by section 18) for the purposes of section 16 or 17 (second opinions);

(c)

a report under section 39 or any provision of Schedule 1, 2 or 3 (medical reports etc);

(d)

an application under Schedule 1, an authorisation granted by a panel under that Schedule, or an extension by a panel of such an authorisation;

(e)

an application under paragraph 4 of Schedule 4 (application for registration of lasting power of attorney);

(f)

a report under any provision of Part 10 (criminal justice).

(4)

A person guilty of an offence under this section is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both.

(5)

The Department may by regulations amend subsection (3).

Annotations

Commencement

I1

S. 268(1)(2)(3)(a)(c)(d)(4)(5) in operation at 2.12.2019 for specified purposes by S.R. 2019/163, art. 2(4), Sch. Pt. 4 (with art. 3) (as amended by S.R. 2019/190, art. 2)