MHA 1983 s126
Mental Health Act 2007
- This section is not changed by the Mental Health Act 2007.
Any cases with a hyperlink to this legislation will automatically be added here. There may be other relevant cases without a hyperlink, so please check the mental health case law page.
[The chapter/paragraph numbers which appear below (if any) refer to the 2008 versions of the Code of Practice and Reference Guide.]
- Reference Guide to the Mental Health Act 1983, 38. Offences and protection for acts done [Note that the chapter number relates to the old Reference Guide] — paragraphs 38.2 to 38.4
Forgery, false statements, etc
126.—(1) Any person who without lawful authority or excuse has in his custody or under his control any document to which this subsection applies, which is, and which he knows or believes to be, false within the meaning of Part I of the Forgery and Counterfeiting Act 1981, shall be guilty of an offence.
(2) Any person who without lawful authority or excuse makes or has in his custody or under his control, any document so closely resembling a document to which subsection (1) above applies as to be calculated to deceive shall be guilty of an offence.
(3) The documents to which subsection (1) above applies are any documents purporting to be—
- (a) an application under Part II of this Act;
- (b) a medical [or other] recommendation or report under this Act; and
- (c) any other document required or authorised to be made for any of the purposes of this Act.
(4) Any person who—
- (a) wilfully makes a false entry or statement in any application, recommendation, report, record or other document required or authorised to be made for any of the purposes of this Act; or
- (b) with intent to deceive, makes use of any such entry or statement which he knows to be false,
shall be guilty of an offence.
(5) Any person guilty of an offence under this section shall be liable—
- (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
- (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine of any amount, or to both.