Forgery of Documents and Identification Marks

The offence of Forgery of Documents and Identification Marks is in section 72 of the Road Safety Act 1986. It is a criminal offence for a person to use a fake driving licence. It also applies to a person who used someone else’s license, or to someone who lent their driving licence to someone else.

Have you been accused of Forgery of Documents and Identification Marks?

Police Interview
The police will invite you to attend the police station if they believe you have Forged a Document or Identification Mark. Their motivation for interviewing you is to try to elicit admissions from you to help their case. You should speak with one of our lawyers before speaking with the police to determine if it is in your interest to make a comment.

Generally in cases like this, the police will already have the document that they will say is evidence to support the allegation against you. In those circumstances, it is crucial that you speak to a lawyer in order to understand your rights and obligations during a police interview.

Pleading Not Guilty
If you deny forging documents and identification marks, it is important that you engage a lawyer at the earliest possible opportunity, ideally before a police interview but certainly before your charges proceed to Court.

Our lawyers are experienced in analysing the police brief of evidence to determine your best possible strategy for defending your case. This may mean seeking a withdrawal of charges or being found ‘not guilty’ by a Magistrate. We work closely with you to achieve the best possible outcome in defending your case.

Pleading Guilty
Pleading guilty is your opportunity to tell the Court why you are in this position, what lead you to this point and why you should be given the lowest possible penalty. Our lawyers will take the time to understand your perspective and instructions. We will help you to gather reports, certificates and character references to ensure the Court is fully informed about your life and personal circumstances. We care about our clients and work hard to achieve the best possible outcome for pleas of guilty.

Sentencing
Sentencing in the higher courts of VictoriaSentencing Statistics Pie Chart for Fraudulently Alter or Use Driver Licence, Permit or Identity Document Required Under the Act in the Higher CourtsSentencing in the Magistrates’ Courts of VictoriaSentencing Statistics Pie Chart for Fraudulently Alter or Use Licence, Permit or Other Document in the Magistrates' Courts
Examples of Forgery of Documents and Identification Marks
  • A boy makes fake driving licences and sells them to his friends.
  • A 16 year old boy uses a fake license to get into a club.
  • A 17 year old girl borrows her older sister’s license to order alcohol at a festival.
Defences
  • You did not make or use a fake license.
  • You did not use someone else’s license.
  • You did not lend someone else your license, they took it without you knowing or it was stolen.
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions in cases like this
  • Did you lend someone else your licence?
  • Can they prove you made a fake licence?
Maximum penalty and court that deals with this charge
The maximum penalty for Forgery of Documents and Identification Marks (s72 of the Road Safety Act 1986) is a fine of 60 penalty units or imprisonment for 6 months.

Forgery of documents and identification marks is heard in the Magistrates’ Court.

Legislation
The section that covers this offence is section 72 of the Road Safety Act 1986.

What is the legal definition of Forgery of Documents and Identification Marks?
This offence is when a person intentionally forges a license or similar document under the Road Safety Act. Or when a person uses or lends a forged license or similar document.

“Did you use or make a fake license?”