Coinage Offences Act 1980

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AT 8 of 1980

COINAGE OFFENCES ACT 1980

Coinage Offences Act 1980 Index


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COINAGE OFFENCES ACT 1980

Index Section Page

1 Counterfeiting ................................................................................................................. 5
2 Gilding, silvering, filing and altering .......................................................................... 5
3 Impairing platinum, gold, silver, cupro-nickel or bronze coin and
unlawful possession of filings, etc ................................................................................ 6
4 Defacing and uttering defaced coins............................................................................ 7
5 Uttering and possession with intent to utter .............................................................. 7
6 Buying or selling, etc counterfeit coin for lower value than its
denomination .................................................................................................................. 9
7 Importing and exporting, etc counterfeit coin ............................................................ 9
8 Making, possessing and selling medals resembling platinum, gold, silver
or cupro-nickel coin ...................................................................................................... 10
9 Making, mending and having possession of coining implements ........................ 10
10 Provisions as to arrest, discovery and seizure .......................................................... 11
11 Evidence of coin being counterfeit ............................................................................. 12
12 Breaking of coin suspected to be counterfeit ............................................................ 13
13 Interpretation ................................................................................................................. 13
14 [Repealed] ...................................................................................................................... 14
15 Saving ............................................................................................................................. 14
16 [Repealed] ...................................................................................................................... 14
17 Short title, construction and commencement ........................................................... 14
SCHEDULE 1 15

SCHEDULE 2 15

ENDNOTES 17

TABLE OF LEGISLATION HISTORY 17
TABLE OF RENUMBERED PROVISIONS 17
TABLE OF ENDNOTE REFERENCES 17

Coinage Offences Act 1980 Section 1


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COINAGE OFFENCES ACT 1980

Received Royal Assent: 21 May 1980
Passed: 9 July 1980
Commenced: 9 September 1980
AN ACT
to revise the law relating to coinage offences, and for connected
purposes.
GENERAL NOTES

1. The maximum fines in this Act are as increased by the Criminal Justice (Penalties,
Etc.) Act 1993 s 1.
2. References to the Treasurer are to be construed in accordance with the Treasury
Act 1985 s 7.
1 Counterfeiting

[P1936/16/1]
(1) Every person who falsely makes or counterfeits any coin resembling any
current coin shall be guilty of an offence and shall be liable, on conviction
on information —
(a) in a case where the coin resembles a current platinum, gold, silver
or cupro-nickel coin, to imprisonment for life; and
(b) in a case where the coin resembles a current bronze 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.
2 Gilding, silvering, filing and altering

[P1936/16/2]
Every person who —
(a) gilds or silvers, or, with any wash or materials capable of
producing the colour or appearance of platinum, gold, silver or
Section 3 Coinage Offences Act 1980


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cupro-nickel or by any means whatsoever, washes, cases over or
colours —
(i) any coin whatsoever resembling any current platinum,
gold, silver or cupro-nickel coin; or
(ii) any current bronze coin, with intent to make it resemble or
pass for any current platinum, gold, silver or cupro-nickel
coin, or
(iii) any piece of silver or bronze or of coarse platinum, gold,
silver, or of any metal or mixture of metals, being of a fit
size and figure to be coined, with intent that it shall be
coined into false and counterfeit coin resembling any
current platinum, gold, silver or cupro-nickel coin; or
(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 or cupro-nickel
coin with intent to make it resemble or pass for any current
platinum or gold coin; or
(c) files or in any manner alters —
(i) any current silver or cupro-nickel coin with intent to make
it resemble or pass for any current platinum or gold coin;
or
(ii) any current bronze coin with intent to make it resemble or
pass for any current platinum, gold, silver or cupro-nickel
coin,
shall be guilty of an offence and shall be liable, on conviction on
information, to imprisonment for life.
3 Impairing platinum, gold, silver, cupro-nickel or bronze coin and

unlawful possession of filings, etc

[P1936/16/3]
(1) Every person who impairs, diminishes or lightens any current platinum,
gold, silver or cupro-nickel coin with intent that the coin so impaired,
diminished or lightened may pass for a current platinum, gold, silver or
cupro-nickel coin shall be guilty of an offence and shall be liable, on
conviction on information, to imprisonment for a term not exceeding 14
years.
(2) Every person who unlawfully has in his possession any filing or clipping,
or any platinum, gold, silver, cupro-nickel or bronze bullion or any
platinum, gold, silver, cupro-nickel or bronze in dust, solution or
otherwise, which has been produced or obtained by impairing,
diminishing or lightening any current platinum, gold, silver, cupro-
nickel or bronze coin, knowing that it has been so produced or obtained,
Coinage Offences Act 1980 Section 4


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shall be guilty of an offence and shall be liable, on conviction on
information, to imprisonment for a term not exceeding 7 years.
4 Defacing and uttering defaced coins

[P1936/16/4 (1)-(3)]
(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 an offence and shall be liable —
(a) on conviction on information, to imprisonment for a term not
exceeding 1 year;
(b) on summary conviction, to imprisonment for a term not
exceeding 3 months or to a fine not exceeding £1,000, or to both.
(2) [Repealed]1

(3) Every person who tenders, utters or puts off any coin which has been
defaced as aforesaid shall be guilty of an offence and shall be liable on
summary conviction to a fine not exceeding £200, but no proceedings
shall be instituted under this subsection except by or with the consent of
the Attorney General.
5 Uttering and possession with intent to utter

[P1936/16/5]
(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 an offence and shall be liable —
(a) on conviction on information, to imprisonment for a term not
exceeding 1 year;
(b) on summary conviction to imprisonment for a term not exceeding
3 months or to a fine not exceeding £1,000, or to both.
(2) Every person who tenders, utters or puts off any false or counterfeit coin
resembling any current platinum, gold, silver or cupro-nickel 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 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 guilty of an offence and shall be liable —
(a) on conviction on information, to imprisonment for a term
not exceeding 2 years;
Section 5 Coinage Offences Act 1980


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(b) on summary conviction, to imprisonment for a term not
exceeding 3 months or to a fine not exceeding £1,000; or to
both.
(3) Every person who has in his possession 3 or more false or counterfeit
coins resembling any current platinum, gold, silver or cupro-nickel 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 an offence and shall
be liable —
(a) on conviction on information, to imprisonment for a term not
exceeding 5 years;
(b) on summary conviction, to imprisonment for a term not
exceeding 3 months or to a fine not exceeding £1,000, or to both.
(4) Every person who has in his possession 3 or more false or counterfeit
coins resembling any current bronze 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 an offence and shall be liable, on conviction on
information —
(a) to imprisonment for a term not exceeding 1 year;
(b) on summary conviction, to imprisonment for a term not
exceeding 3 months or to a fine not exceeding £1,000, or to both.
(5) Every person who commits —
(a) any offence under subsection (1) in respect of a coin resembling a
current platinum, gold, silver or cupro-nickel coin; or
(b) any offence under subsection (2) or (3),
having been previously convicted of —
(i) any such offence; or
(ii) any offence under section l(l), 2, 3, 6(l), 7(l) (in relation to
importing or receiving) or 9; or
(iii) any offence under section 288, 289, 290, 291, 292, 293, 295,
296, 297, 300 or 309 of the Criminal Code 1872,
shall be liable, on conviction on information, to imprisonment for life.
(6) Every person who, with intent to defraud, tenders, utters or puts off as or
for any current platinum, gold, silver or cupro-nickel 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 metal resembling in size,
figure and colour that current coin and being of less value than
that current coin;
shall be guilty of an offence and shall be liable —
Coinage Offences Act 1980 Section 6


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(a) on conviction on information, to imprisonment for a term not
exceeding 1 year;
(b) on summary conviction, to imprisonment for a term not
exceeding 3 months or to a fine not exceeding £1,000, or to both.
(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, etc counterfeit coin for lower value than its

denomination

[P1936/16/6]
(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 an offence and shall be liable, on conviction
on information —
(a) in a case where the coin resembles a current platinum, gold, silver
or cupro-nickel coin, to imprisonment for life;
(b) in a case where the coin resembles a current bronze coin, to
imprisonment for a term not exceeding 7 years.
(2) In any information for any offence under this section in respect of a coin
resembling a current platinum, gold, silver or cupro-nickel 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 or 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, etc counterfeit coin

[P1936/16/7]
(1) Every person who, without lawful authority or excuse (the proof
whereof shall lie on the person accused) —
(a) imports or receives into the Island any false or counterfeit coin
resembling any current platinum, gold, silver or cupro-nickel
coin, knowing it be false or counterfeit; or
Section 8 Coinage Offences Act 1980


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(b) exports or removes from the Island, or puts on board any ship,
vessel, boat or aircraft for the purpose of being so exported or
removed, any false or counterfeit coin resembling any current
coin, knowing it to be false or counterfeit,
shall be guilty of an offence and shall be liable —
(a) on conviction on information to imprisonment for a term
not exceeding 14 years;
(b) on summary conviction, to imprisonment for a term not
exceeding 3 months or to a fine not exceeding £1,000 or to
both.
(2) Nothing in this section shall affect any statutory provision relating to the
importation or receiving into the Island of coin and imitation coin.
8 Making, possessing and selling medals resembling platinum, gold,

silver or cupro-nickel coin

[P1936/16/8]
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 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 platinum, gold,
silver or cupro-nickel coin; or
(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 guilty of an offence and shall be liable —
(i) on conviction on information, to imprisonment for a term
not exceeding 1 year;
(ii) on summary conviction, to imprisonment for a term not
exceeding 3 months or to a fine not exceeding £1,000, or to
both.
9 Making, mending and having possession of coining implements

[P1936/16/9]
(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
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,
Coinage Offences Act 1980 Section 10


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the figure, stamp or apparent resemblance of both or either of the sides of
any current platinum, gold, silver or cupro-nickel coin, or any part of
both or either of those sides, shall be guilty of an offence and shall be
liable, on conviction on information, to imprisonment for life.
(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 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 platinum, gold,
silver or cupro-nickel 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 other contrivance round or polygonal blanks out of
platinum, gold, silver, cupro-nickel 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 platinum, gold, silver or cupro-nickel coin,
shall be guilty of an offence and shall be liable, on conviction on
information, to imprisonment for life.
(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
possession, any instrument, tool or engine adapted and intended for the
counterfeiting of any current bronze coin shall be guilty of an offence
and shall be liable, on conviction on information, to imprisonment for a
term not exceeding 7 years.
10 Provisions as to arrest, discovery and seizure

[P1936/16/11]
(1) Any person found committing an offence against this Act, other than an
offence against section 8, may be immediately apprehended without a
warrant by any person and forthwith taken before a justice of the peace
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
section referred to as a ‘counterfeit coin’); or
(b) any instrument, tool or engine whatsoever adapted and intended
for the counterfeiting of any such coin (in this section referred to
as a ‘counterfeiting instrument’); or
Section 11 Coinage Offences Act 1980


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(c) any filings or clippings, or any platinum, gold, silver, cupro-nickel
or bronze bullion, or any platinum, gold, silver, cupro-nickel or
bronze in dust solution or otherwise, which have been produced
or obtained by diminishing or lightening any current platinum,
gold, silver, or cupro-nickel or bronze coin (in this section referred
to as ‘counterfeiting material’),
he shall seize the counterfeit coin or counterfeiting instrument or
material and carry it forthwith before a justice of the peace.
(3) Where it is made to appear by information on oath before any justice of
the peace that there is reasonable cause to suspect that any person has
been concerned in counterfeiting any current coin, or has in his
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 section referred to as a ‘counterfeiting machine’)
or any counterfeiting material, it shall be lawful for any justice of the
peace, by warrant under his hand —
(a) to cause any place whatsoever belonging to or in the occupation
or under the control of that person to be searched, either in the
day or in the night; and
(b) to cause to be seized and carried forthwith before a justice of the
peace any counterfeit coin or counterfeiting instrument, machine
or material found in any place so searched.
(4) Where any counterfeit coin or counterfeiting instrument, machine or
material is seized and carried before a justice of the peace, he shall, if
necessary, cause it to be secured for the purpose of being produced in
evidence in a prosecution for an offence against this Act.
(5) Any counterfeit coin or counterfeiting instrument, machine or material
seized under this section shall, if it is not required to be produced in
evidence or, if it is so required, after it has been so produced, be
delivered up forthwith to the Treasurer or to any person authorised by
him to receive it.
11 Evidence of coin being counterfeit

[P1936/16/13]
Where a person is charged with an offence against this Act, the fact that a coin
produced in evidence against him is false or counterfeit may be proved by the
evidence of any credible witness, and it shall not be necessary to prove that fact
by the evidence of an officer of Her Majesty’s Mint or an official of any other
Mint.
Coinage Offences Act 1980 Section 12


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12 Breaking of coin suspected to be counterfeit

[P1936/16/14]
(1) If any person suspects any coin tendered to him as current platinum,
gold, silver or cupro-nickel coin to have been diminished otherwise than
by reasonable wearing, or to be counterfeit, it shall be lawful for him 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 finally
determined in a summary manner by the High Bailiff.
(4) In this section, references to breaking shall include references to cutting,
bending and defacing.
13 Interpretation

[P1936/16/17]
For the purposes of this Act —
(a) “bronze”, in relation to bullion, coin or dust, includes bullion, coin
or dust of any metal or mixed metal not being platinum, gold,
silver or cupro-nickel;
(b) a coin shall be deemed to be current if it has been coined in any
Mint approved by the Treasury or in any of Her Majesty’s Mints,
or is lawfully current, by virtue of any Proclamation or otherwise,
in any part of Her Majesty’s dominions. whether within the Island
or otherwise, or is lawfully current in any foreign country;2

(c) a coin apparently intended to resemble or pass for any current
coin shall be deemed to resemble that current coin;
(d) 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 platinum, gold, silver or
cupro-nickel coin;
(e) a thing shall be deemed to be in the possession of any person if he
himself has it in his personal custody or possession, and also if he
knowingly and wilfully has it in the actual custody or possession
of some other person, or in some building or place (whether
belonging to or occupied by himself or not), and whether he has it
for his own use or benefit or for that of any other person;
(f) gold coinage issued by the Treasury under the Gold Coinage Act
1965 shall be treated as current gold coin.3

Section 14 Coinage Offences Act 1980


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14 [Repealed]
4

15 Saving

Without prejudice to section 15 of the Interpretation Act 1976 (effect of repeal,
etc.), the repeal by this Act of the Coinage (Manx Crowns) Act 1970 shall
not affect —
(a) the validity of Manx Crowns issued under that Act;
(b) [Repealed]5

16 [Repealed]
6

17 Short title, construction and commencement

(1) This Act may be cited as the Coinage Offences Act 1980 and shall be
construed as one with the Criminal Law Acts 1872 to 1975 and those Acts
and this Act may be cited together as the Criminal Law Acts 1872 to 1980.
(2) This Act shall come into operation at the end of the period of two months
beginning with the date on which it is passed.
Coinage Offences Act 1980 Schedule 1



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SCHEDULE 1
7

SCHEDULE 2
8

Coinage Offences Act 1980 Endnotes


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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (2) repealed by Currency Act 1992 Sch 2. 2
Para (b) amended by Treasury Act 1985 Sch 2. 3
Para (f) added by Currency Act 1992 Sch 1. 4
S 14 repealed by Currency Act 1992 Sch 2. 5
Para (b) repealed by Currency Act 1992 Sch 2. 6
S 16 repealed by Statute Law Revision Act 1992 Sch 2. 7
Sch 1 repealed by Currency Act 1992 Sch 2. 8
Sch 2 repealed by Statute Law Revision Act 1992 Sch 2.