Currency Offences
(Jersey) Law 1952
A LAW for the suppression of fraud in
coinage and paper money
Commencement
[see endnotes]
1 Interpretation
(1) In this Law, unless the
context otherwise requires –
“British coin” means any coin lawfully current by virtue
of any Proclamation or otherwise in any part of His Majesty’s dominions,
whether within the United Kingdom or elsewhere and “British money”
means money expressed in the terms of any British coin;
“copper coin” includes any coin of any metal or mixed
metal not being a gold or silver coin;
“currency” means any money, whether paper money or
metallic money, lawfully current in any part of His Majesty’s dominions
or in any foreign country;
“current notes” means any notes (by whatever name
called) which are legal tender in the country in which they are issued;
“die” includes any plate, type, tool, or implement
whatsoever, and also any part of any die, plate, type, tool or implement, and
any stamp or impression thereof or any part of such stamp or impression;
“foreign coin” means any coin lawfully current in any
foreign country, and “foreign money” means money expressed in the
terms of any foreign coin;
“paper money” includes bank notes and currency notes;
“silver coin” includes any coin which in any country is
legal tender as silver coin.[1]
(2) For the purposes of
this Law –
(a) a coin
shall be deemed to be current if it has been coined in or for any of His
Majesty’s Mints, or has been lawfully coined in or for any foreign
country, or is lawfully current by virtue of the Royal Prerogative or of
enacted or customary law or of any Proclamation or otherwise in any part of His
Majesty’s dominions or is lawfully current in any foreign country;
(b) a coin
apparently intended to resemble or pass for any current coin shall be deemed to
resemble that current coin;
(c) a
current coin which has been gilt, silvered, washed, coloured or cased over or
in any manner altered so as to resemble any current coin of a higher
denomination shall be deemed to be a false or counterfeit coin resembling a
current gold or silver coin;
(d) a
thing shall be deemed to be in the possession of any person, if the person himself
or herself has it in his or her personal custody or possession, and also if the
person knowingly and wilfully has it in the actual custody or possession of
some other person, or in some building or place, whether open or enclosed, or
in some ship, boat or other vessel, or aircraft, (whether belonging to or
occupied by himself or herself or not) and whether the person has it for his or
her own use or benefit or for that of any other person;
(e) forgery
includes the making of any false paper money in order that it may be used as
genuine, or with intent to defraud or deceive, and also includes the fraudulent
alteration of any paper money.[2]
2 Counterfeiting
(1) Every person who
falsely makes or counterfeits any coin resembling any current coin shall be
liable –
(a) in a
case where the coin resembles a current gold or silver coin, to imprisonment
for life or for any lesser term as the court may direct; and
(b) in a
case where the coin resembles a current copper coin, to imprisonment for a term
not exceeding 7 years.
(2) The offence of falsely
making or counterfeiting a coin shall be deemed to be complete although the
coin made or counterfeited is not in a fit state to be uttered or the making or
counterfeiting thereof has not been finished or perfected.
3 Gilding,
silvering, filing and altering
Every person who –
(a) gilds or silvers, or, with
any wash or materials capable of producing the colour or appearance of gold or
silver or by any means whatsoever, washes, cases over or colours –
(i) any
coin whatsoever resembling any current gold or silver coin,
(ii) any
current copper coin, with intent to make it resemble or pass for any current
gold or silver coin, or
(iii) any
piece of silver or copper or of coarse gold or coarse silver or of any metal or
mixture of metals, being of a fit size and figure to be coined, into false and
counterfeit coin resembling any current gold or silver coin;
(b) gilds, or, with any
wash or materials capable of producing the colour or appearance of gold or by
any means whatsoever, washes, cases over or colours, any current silver coin
with intent to make it resemble or pass for any current gold coin; or
(c) files or in any manner
alters –
(i) any
current silver coin with intent to make it resemble or pass for any current
gold coin, or
(ii) any
current copper coin with intent to make it resemble or pass for any current
gold or silver coin,
shall be liable to imprisonment for life or for any lesser term as
the court may direct.
4 Impairing
gold or silver coin and unlawful possession of filings, etc.
(1) Every person who
impairs, diminishes or lightens any current gold or silver coin with intent
that the coin so impaired, diminished or lightened may pass for a current gold
or silver coin shall be liable to imprisonment for a term not exceeding 14
years.
(2) Every person who
unlawfully has in his or her possession any filing or clipping, or any gold or
silver bullion, or any gold or silver in dust, solution or otherwise, which has
been produced or obtained by impairing, diminishing or lightening any current
gold or silver coin, knowing that it has been so produced or obtained, shall be
liable to imprisonment for a term not exceeding 7 years.
5 Defacing
and uttering defaced coins
(1) Every person who
defaces any current coin by stamping thereon any names or words, whether the
coin is or is not thereby diminished or lightened, shall be liable to
imprisonment for a term not exceeding one year.
(2) A tender of payment in
money made in any coin which has been defaced as aforesaid shall not be legal
tender.
(3) Every person who
tenders, utters or puts off any coin which has been defaced as aforesaid shall
be liable to a fine of level 2 on the standard scale:
Provided that no proceedings shall be instituted under this paragraph
without the consent of the Attorney General.[3]
6 Forgery
of paper money
(1) Every person who forges
any paper money with intent to defraud shall be liable to imprisonment for life
or for any lesser term as the court may direct.
(2) The offence of forgery
of paper money shall be deemed to be complete although the paper money as
forged is incomplete and is not in a fit state to be uttered.
7 Uttering
forged paper money
(1) A person utters forged
paper money who, knowing the same to be forged, and with intent to defraud or
deceive, uses, offers, delivers, disposes of, tenders in payment or in
exchange, exposes for sale or exchange, exchanges or puts off the said forged
paper money.
(2) Every person who utters
any forged paper money shall be liable to imprisonment for life or for any
lesser term as the court may direct.
(3) It is immaterial where
the forged paper money was forged.
8 Possession
of forged paper money
Every person who, without lawful authority or excuse (the proof
whereof shall lie on the person accused), purchases or receives from any person,
or has in his or her custody or possession, any forged paper money, knowing it
to be forged, shall be liable to imprisonment for a term not exceeding 14
years.
9 Uttering,
and possession with intent to utter, of false or counterfeit coin
(1) Every person who
tenders, utters or puts off any false or counterfeit coin resembling any
current coin knowing it to be false or counterfeit, shall be liable to
imprisonment for a term not exceeding one year.
(2) Every person who
tenders, utters or puts off any false or counterfeit coin resembling any
current gold or silver coin, knowing it to be false or counterfeit,
and –
(a) at the
time of the tendering, uttering or putting off, has in his or her possession,
besides that coin, any other such false or counterfeit coin; or
(b) on the
day of the tendering, uttering or putting off, or, within the period of 10 days
next following, tenders, utters or puts off any other such false or counterfeit
coin, knowing it to be false or counterfeit,
shall be liable to imprisonment for a term not exceeding 2 years.
(3) Every person who has in
his or her possession 3 or more false or counterfeit coins resembling any
current gold or silver coin, knowing them to be false or counterfeit, and with
intent to utter or put off the said coins or any of them, shall be liable to
imprisonment for a term not exceeding 5 years.
(4) Every person who has in
his or her possession 3 or more false or counterfeit coins resembling any
current copper coin, knowing them to be false or counterfeit, and with intent
to utter or put off the said coins or any of them, shall be liable to
imprisonment for a term not exceeding one year.
(5) Every person who
commits –
(a) any
offence under paragraph (1) in respect of a coin resembling a current gold
or silver coin; or
(b) any
offence under paragraph (2) or (3),
having been previously convicted of any such offence or of any
offence under any of the following Articles of this Law, namely, Articles 2,
3, 4, 6, 7, 8, 10, 14 and 15, shall be liable to imprisonment for life or for
any lesser term as the court may direct.
(6) Every person who, with
intent to defraud, tenders, utters or puts off as or for any current gold or
silver coin –
(a) any
coin not being that current coin and being of less value than that current
coin; or
(b) any
medal or piece of metal or mixed metals resembling in size, figure and colour
that current coin and being of less value than that current coin,
shall be liable to imprisonment for a term not exceeding one year.
(7) The offence of
tendering, uttering or putting off a false or counterfeit coin shall be deemed
to be complete although the coin is not in a fit state to be uttered or the counterfeiting
thereof has not been finished or perfected.
10 Buying
or selling, etc., counterfeit coin or forged paper money for lower value than
its denomination
(1) Every person who,
without lawful authority or excuse (the proof whereof shall lie on the person
accused), buys, sells, receives, pays or puts off, or offers to buy, sell,
receive, pay or put off, any false or counterfeit coin resembling any current
coin, or any forged paper money resembling any current paper money, at or for a
lower rate or value than the false or counterfeit coin or forged paper money
imports, or apparently is intended to import, shall be liable –
(a) in a
case where the coin resembles a current gold or silver coin, or the paper money
resembles any current paper money, to imprisonment for life or for any lesser
term as the court may direct; and
(b) in a
case where the coin resembles a current copper coin, to imprisonment for a term
not exceeding 7 years.
(2) In any indictment for
an offence under this Article in respect of a coin resembling a current gold or
silver coin, or in respect of any paper money resembling any current paper
money, it shall be sufficient to allege that the person accused bought, sold,
received, paid or put off the coin or paper money or offered to buy, sell,
receive, pay or put off the coin or paper money, at or for a lower rate of
value than it imports or was apparently intended to import, without alleging at
or for what rate, price or value it was bought, sold, received, paid or put off,
or offered to be bought, sold, received, paid or put off.
(3) An offence under this Article
shall be deemed to be complete although the coin or paper money, bought, sold,
received, paid or put off, or offered to be bought, sold, received, paid or put
off, is not in a fit state to be uttered, or the counterfeiting or forging thereof
has not be finished or perfected.
11 Importing
and exporting counterfeit coin and forged paper money
Every person who, without lawful authority or excuse (the proof
whereof shall lie on the person accused) –
(a) imports or receives
into Jersey any false or counterfeit coin resembling any current gold, silver
or copper coin, knowing it to be false or counterfeit, or any forged paper
money, knowing it to be forged; or
(b) exports from Jersey or
puts on board any ship, boat or other vessel, or aircraft, for the purpose of
being so exported, any false or counterfeit coin resembling any current coin,
knowing it to be false or counterfeit, or any forged paper money, knowing it to
be forged,
shall be liable to imprisonment for a term not exceeding 14 years.
12 Prohibition
on importation of imitation coin
(1) Subject as hereinafter
provided, every person who imports or brings into Jersey any imitation coin as
defined in paragraph (2) shall be liable to a fine and to the forfeiture
of the imitation coin in respect of which the offence was committed:
Provided that the Treasurer of the States may grant permission for
the importation into Jersey of any imitation coin in any particular instance if
the Treasurer is satisfied that such importation is for the purpose of
knowledge or art, or any exhibition or collection, or for any lawful purpose,
and that the imitation coin is not likely to circulate as current coin or to be
otherwise used for deceiving the public.[4]
(2) Each of the following articles,
if not a British or foreign coin, shall be an imitation coin within the meaning
of this Article –
(a) any
piece of gold, silver, copper or bronze, or of metal or mixed metal, purporting
to be a British or foreign coin or a token for British or foreign money, or
bearing any word or device which indicates or may reasonably be taken to
indicate that the holder thereof is entitled to demand any value in British or
foreign money denoted thereon; and
(b) any
medal, cast, coin, or other like thing made wholly or partially of metal or any
mixture of metals, and resembling in size, figure and colour any British or
foreign coin, or having thereon a device resembling any device on any British
or foreign coin, or being so formed that it can, by gilding, silvering,
colouring, washing or other like process, be so dealt with as to resemble any
British or foreign coin.
13 Making,
possessing and selling medals resembling gold or silver coin
Every person who, without lawful authority or excuse (the proof
whereof shall lie on the person accused), makes, sells, offers for sale or has
in his or her possession for sale, any medal, cast, coin, or other like thing
made wholly or partially of metal or any mixture of metals, and
either –
(a) resembling in size,
figure and colour any current gold or silver coin;
(b) having thereon a device
resembling a device on any such current coin; or
(c) being so formed that it
can, by gilding, silvering, colouring, washing or other like process, be so
dealt with as to resemble any such current coin,
shall be liable to imprisonment for a term not exceeding one year.
14 Making,
mending and having possession of coining implements
(1) Every person who,
without lawful authority or excuse (the proof whereof shall lie on the person
accused), knowingly makes or mends, or begins or proceeds to make or mend, or
buys or sells, or has in his or her possession, any puncheon, counter-puncheon,
matrix, stamp, die, pattern or mould in or upon which there is made or
impressed, or which will make or impress, or which is adapted and intended to
make or impress, the figure, stamp or apparent resemblance of both or either of
the sides of any current gold or silver coin, or any part of both or either of
those sides, shall be liable to imprisonment for life or for any lesser term as
the court may direct.
(2) Every person who,
without lawful authority or excuse (the proof whereof shall lie on the person
accused), makes or mends, or begins or proceeds to make or mend, or buys or
sells, or has in his or her possession –
(a) any
edger, edging or other tool, collar, instrument or engine adapted and intended
for the marking of coin round the edges with letters, grainings
or other marks or figures apparently resembling those on the edges of any
current gold or silver coin, knowing it to be so adapted and intended as
aforesaid; or
(b) any
press for coinage, or any cutting engine for cutting by force of a screw or of
any other contrivance round blanks out of gold, silver or other metal or
mixture of metals, or any other machine, knowing the press to be a press for
coinage or knowing the engine or machine to have been used or to be intended to
be used for the false making or counterfeiting of any current gold or silver
coin,
shall be liable to imprisonment for life or for any lesser term as
the court may direct.
(3) Every person who,
without lawful authority or excuse (the proof whereof shall lie on the person
accused), knowingly makes or mends, or begins or proceeds to make or mend, or
buys or sells, or has in his or her possession, any instrument, tool or engine
adapted and intended for the counterfeiting of any current copper coin, shall
be liable to imprisonment for a term not exceeding 7 years.
15 Making
or having in possession paper or implements for forging paper money
Every person who, without lawful authority or excuse (the proof
whereof shall lie on the person accused) –
(a) makes, uses, or
knowingly has in his or her custody or possession any paper intended to
resemble and pass as special paper such as is provided and used for making any
paper money;
(b) makes, uses, or
knowingly has in his or her custody or possession, any frame, mould, or
instrument for making such paper, or for producing in on such paper any words,
figures, letters, marks, lines or devices peculiar to and used in or on any
such paper;
(c) engraves or in anywise
makes upon any plate, wood, stone, or other material, any words, figures,
letters, marks, lines or devices, the print whereof resembles in whole or in part
any words, figures, letters, marks, lines or devices peculiar to and used in or
on any paper money;
(d) uses or knowingly has
in his or her custody or possession any plate, wood, stone or other material,
upon which any such words, figures, letters, marks, lines or devices have been
engraved or in anywise made as aforesaid; or
(e) uses or knowingly has
in his or her custody or possession any paper upon which any such words,
figures, letters, marks, lines or devices have been printed or in anywise made
as aforesaid,
shall be liable to imprisonment for a term not exceeding 7 years.
16 Purchasing
or having in possession certain paper before it has been duly stamped and issued
Every person who, without lawful authority or excuse (the proof
whereof shall lie on the person accused), purchases, receives, or knowingly has
in his or her custody or possession –
(a) any special paper
provided and used for making paper money; or
(b) any die peculiarly used
in the manufacture of any such paper,
shall be liable to imprisonment for a term not exceeding 2 years.
17 Offences
with regard to foreign coin[5]
Acts which would be offences against this Law if committed with regard to any currency of any part of His
Majesty’s dominions shall, if committed with regard to the currency of
any foreign country, be offences against this Law.
18 Provisions
as to arrest, discovery and seizure
(1) Any person found
committing an offence against this Law, other than an offence against Article 13
thereof, may be immediately apprehended by any person and forthwith delivered
into the hands of the competent police authority to be dealt with according to law.
(2) If any person finds in
any place whatsoever, or in the possession of any person without lawful
authority or excuse –
(a) any
false or counterfeit coin resembling any current coin (in this Article referred
to as a “counterfeit coin”);
(b) any
instrument, tool or engine whatsoever adapted and intended for the
counterfeiting of any such coin (in this Article referred to as a
“counterfeiting instrument”); or
(c) any
filings or clippings, or any gold or silver bullion, or any gold or silver in
dust, solution or otherwise, which have been produced or obtained by
diminishing or lightening any current gold or silver coin (in this Article
referred to as “counterfeiting material”),
the person shall seize the counterfeit coin, or counterfeiting
instrument or material, and forthwith place it, or cause it to be placed, in
the possession of the police.
(3) If the Bailiff is
satisfied by information on oath that there is reasonable ground for supposing
that –
(a) any person
has been concerned in counterfeiting any current coin, or has in his or her
possession any counterfeit coin or any counterfeiting instrument or any other
machine used or intended to be used for making or counterfeiting any current
coin (in this Article referred to as a “counterfeiting machine”) or
any counterfeiting material; or
(b) any person
has in his or her custody or possession without lawful authority or
excuse –
(i) any
implement for making paper used for paper money or for making any imitation of
such paper,
(ii) any
material having thereon any words, forms, devices or characters capable of
producing or intended to produce the impression of any paper money,
(iii) any
forged paper money or die, or
(iv) any
machinery, implement, utensil, or material used or intended to be used for the
forgery of any paper money,
the Bailiff may grant a warrant to any one or more members of the
honorary or paid police named in the warrant, and a warrant so granted shall
authorize the officer or officers named therein to enter and search any
building, place, ship, boat or other vessel, or aircraft, belonging to or under
the control of the suspected person, either in the day or in the night, and to
seize and secure, for the purpose of being produced in evidence or otherwise
dealt with according to law, any of the things mentioned in sub-paragraphs (a)
and (b).
(4) Any
thing or things seized in virtue of this Article, or otherwise, shall,
if it is or they are not required to be produced in evidence, or, if so required,
after being so produced, be delivered up to the Attorney General or to any person
authorized by the Attorney General to receive it or them.
19 Form
of indictment and proof of intent
(1) In any criminal process
for an offence against this Law with reference to any paper money or die, it
shall be sufficient to refer to the paper money or die by any name or
designation by which it is usually known, or by its purport, without setting
out any copy or facsimile of the whole or any part of the paper money or die.
(2) Where an intent to
defraud or an intent to deceive is one of the constituent elements of an
offence punishable under this Law or by virtue of any other enacted law or
customary law relating to forgery or any kindred offence, for the time being in
force in Jersey, it shall not be necessary to allege or to prove an intent to
defraud or deceive any particular person; and it shall be sufficient to prove
that the defendant did the act charged with intent to defraud or to deceive, as
the case may require.
20 Power
to fine
Where any person is convicted of an offence against this Law, the
court, instead of, or in addition to, imposing any other punishment which may
be lawfully imposed, may fine the offender.
21 Breaking
of coin suspected to be counterfeit
(1) If any person suspects
any coin tendered to the person as current gold or silver coin to have been
diminished otherwise than by reasonable wearing, or to be counterfeit, it shall
be lawful for the person to break the coin.
(2) If any coin when so
broken appears to have been diminished otherwise than as aforesaid, or to be
counterfeit, the person tendering it shall bear the loss thereof, but if it is
of due weight and appears to be lawful coin, the person breaking it shall
receive it at the rate it was coined for.
(3) If any dispute arises
whether any coin so broken has been diminished otherwise than as aforesaid, or
is counterfeit, it shall be heard and determined by the Petty Debts Court.
(4) In this Article,
references to breaking shall include reference to cutting, bending and
defacing.
22 Accessories
and abettors
Any person who knowingly and wilfully aids, abets, counsels, causes,
procures or commands the commission of an offence punishable under this Law
shall be liable to be dealt with, indicted, tried and punished as a principal
offender.
23 Citation
This Law may be cited as the Currency Offences (Jersey)
Law 1952.