Coinage Offences Act 1936
| Jurisdiction | UK Non-devolved |
| Citation | 1936 c. 16 |
| Year | 1936 |
Coinage Offences Act, 1936.
(26 Geo. 5 & 1 Edw. 8) CHAPTER 16.
An Act to consolidate the provisions of the Coinage Offences Acts, 1861 and 1935, and of the Counterfeit Medal Act, 1883.
[21st May 1936]
B E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Counterfeiting.
(1) Every person who falsely makes or counterfeits any coin resembling any current coin shall be guilty of felony and on conviction thereof liable—
(a ) in a case where the coin resembles a current gold or silver coin, to penal servitude for life or for any term not less than three years; and
(b ) in a case where the coin resembles a current copper coin, to penal servitude for a term not exceeding seven years or less than three 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.
2 Gilding, silvering, filing and altering.
2. Every person who—
(i) any coin whatsoever resembling any current gold or silver coin; or
(ii) any current copper coin, with intent to make it resemble or pass for any current gold or silver coin; or
(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 guilty of felony and on conviction thereof liable to penal servitude for life or for any term not less than three years.
3 Impairing gold or silver coin and unlawful possession of filings, &c.
(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 guilty of felony, and on conviction thereof liable to penal servitude for a term not exceeding fourteen years or less than three years.
(2) Every person who unlawfully has in his 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 guilty of felony and on conviction thereof liable to penal servitude for a term not exceeding seven years or less than three years.
4 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 guilty of a misdemeanour, and on conviction thereof 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, on summary conviction, be liable to a fine not exceeding forty shillings:
Provided that no proceedings shall be instituted under this subsection, in England, without the consent of the Attorney-General, or, in Northern Ireland, without the consent of the Attorney-General for Northern Ireland.
(4) In England and Northern Ireland, a conviction for an offence under the last foregoing subsection shall not be removed by certiorari into the High Court and, as in Scotland, shall not be quashed for want of form.
5 Uttering and possession with intent to utter.
(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 guilty of a misdemeanour and on conviction thereof 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 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 ten days next following, tenders, utters or puts off any other such false or counterfeit coin, knowing it to be false or counterfeit;
shall be guilty of a misdemeanour and on conviction thereof liable to imprisonment for a term not exceeding two years.
(3) Every person who has in his possession three 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 guilty of a misdemeanour and on conviction thereof liable to penal servitude for a term not exceeding five years or less than three years.
(4) Every person who has in his possession three 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 guilty of a misdemeanour and on conviction thereof liable to imprisonment for a term not exceeding one year.
(5) Every person who commits—
(a ) any misdemeanour under subsection (1) of this section in respect of a coin resembling a current gold or silver coin; or
(b ) any misdemeanour under subsection (2) or subsection (3) of this section;
having been previously convicted of any such misdemeanour or of any misdemeanour under sections nine, ten or eleven of the Coinage Offences Act, 1861 , or of any felony under this Act or that Act, shall be guilty of felony and on conviction thereof liable to penal servitude for life or for any term not less than three years.
(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 guilty of a misdemeanour and on conviction therof 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.
6 Buying or selling, &c. counterfeit coin 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 at or for a lower rate or value than the false or counterfeit coin imports, or apparently is intended to import, shall be guilty of felony, and on conviction thereof liable—
(a ) in a case where the coin resembles a current gold or silver coin, to penal servitude for life or for any term not less than three years; and
(b ) in a case where the coin resembles a current copper coin, to penal servitude for a term not exceeding seven years or less than three years.
(2) In any indictment for any felony under this section in respect of a coin resembling a current gold or silver coin, it shall be sufficient to allege that the person accused bought, sold, received, paid or put off the coin, or offered to buy, sell, receive, pay or put off the coin, 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 section shall be deemed to be complete although the coin 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 thereof has not been finished or perfected.
7 Importing and exporting counterfeit coin.
(1) Every person who, without lawful authority or excuse (the proof whereof shall lie on the person accused)—
(a ) imports or receives into the United Kingdom from beyond the seas any false or counterfeit coin resembling any current gold or silver coin, knowing it to be false or counterfeit; or
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