Originally Posted by somebody
I have not told my bank about my son signing my cheques as yes I am fairly sure they would object, however, as I said I have told them both on the phone and in emails about one of my cards being used in Phil by a relative. I even used this as part of my complaint when they stopped Cash Cards being used abroad to draw cash from ATMs. No problem arose.
RE the law.
I really did not what to explain the law. However, very simply :
Section 1 of the Fraud Act 2001:-
In each case, the Defendant's conduct must be dishonest and his intention must be to make a gain, or cause a loss or the risk of a loss to another.
My son signing my cheques may be considered dishonest as the bank are being deceived into thinking it is my signature, however, vitally the intention must be to make a gain.
Without both parts, there is no offence.
Under the Counterfeiting and Forgery Act 1981
The offence of forgery. A person is guilty of forgery if he makes a false instrument, with the intention that he or another shall use it to induce somebody to accept it as genuine, and by reason of so accepting it to do or not to do some act to his own or any other person’s prejudice.
Again, whilst the cheque would probably be a false instrument it must also be done with intent to gain or cause another to loose. In our case, the second part is not present.
