On 2013-03-22 00:40:02 +0000, Phil W Lee said:
> John Briggs <
john.b...@ntlworld.com> considered Wed, 20 Mar 2013
> 23:00:03 +0000 the perfect time to write:
>
>> On 20/03/2013 21:50, polygonum wrote:
>>> On 20/03/2013 21:15, John Briggs wrote:
>>>> On 20/03/2013 20:30, polygonum wrote:
>>>>> On 20/03/2013 19:35, Tony wrote:
>>>>>> In uk.legal.moderated, The Todal <
deadm...@beeb.net> wrote:
>>>>>>
>>>>>>> On 20/3/13 13:35, Peter Crosland wrote:
>>>>>>>> On 20/03/2013 09:35, Scion wrote:
>>>>>>>>> A while back when cashing in some bags of pound coins, rather than
>>>>>>>>> just
>>>>>>>>> weighing the bags as they did in the past the bank cashier took
>>>>>>>>> care in
>>>>>>>>> checking every coin and in fact - perhaps unsurprisingly -
>>>>>>>>> pronounced
>>>>>>>>> some
>>>>>>>>> of them as counterfeit.
>>>>>>>>> (As an aside, I've previously made mistakes when counting coins
>>>>>>>>> into the
>>>>>>>>> bags so I always have a few spare with me to make up the numbers if
>>>>>>>>> necessary. Rather embarrassingly on this occasion, I coincidentally
>>>>>>>>> had
>>>>>>>>> the exact number of spares as were declared counterfeit.)
>>>>>>>>>
>>>>>>>>> Upon rudimentary inspection some were obviously counterfeit. Others
>>>>>>>>> were
>>>>>>>>> less so, being declared duff on the strength of being off-colour for
>>>>>>>>> example.
>>>>>>>>>
>>>>>>>>> The cashier retained all the coins she thought were bad.
>>>>>>>>>
>>>>>>>>> Is possession of counterfeit coins illegal?
>>>>>>>>>
>>>>>>>>> From a legal perspective, would the cashier have had to return the
>>>>>>>>> counterfeit coins had I so asked?
>>>>>>>>>
>>>>>>>>> A very quick Google found this statement on a BBC web page:
>>>>>>>>> "It's illegal to make or use counterfeited coins and the Royal Mint
>>>>>>>>> says
>>>>>>>>> people must hand them in if they think they have one."
>>>>>>>>>
>>>>>>>>> So I guess by trying to bank the coins I was (albeit unknowingly)
>>>>>>>>> breaking
>>>>>>>>> the law, but there's nothing there about possession. As for the
>>>>>>>>> Royal
>>>>>>>>> Mint
>>>>>>>>> statement, I invoke Mandy Rice Davies.
>>>>>>>>
>>>>>>>> Possession of counterfeit currency is offense if you know, or
>>>>>>>> suspect,
>>>>>>>> that that it is counterfeit. Being realistic you would not be
>>>>>>>> prosecuted
>>>>>>>> for having, or using, few counterfeit coins. If you are handling
>>>>>>>> large
>>>>>>>> numbers, such as you are, then it might be prudent to check them more
>>>>>>>> carefully.
>>>>>>>>
>>>>>>>
>>>>>>> I'm not at all sure what powers the bank staff or shopkeepers might
>>>>>>> have
>>>>>>> to seize and retain your counterfeit coins.
>>>>>>>
>>>>>>> The statute seems to be the Forgery and Counterfeiting Act of 1981. I
>>>>>>> couldn't find anything relating to the power to impound your
>>>>>>> counterfeit
>>>>>>> coins.
>>>>>>
>>>>>> If the person accepting them believes them to be counterfeit, then
>>>>>> surely
>>>>>> they're obliged to hand them in, if they believe it to be the case.
>>>>>> And to
>>>>>> hand them in, they must confiscate them. They can't let you take them
>>>>>> back, because they believe them to be counterfeit and so would be
>>>>>> failing
>>>>>> to hand them in?
>>>>>>
>>>>> Is intent to hand them in a defence to being in possession? Otherwise
>>>>> the very act of confiscating would cause the confiscator to be in
>>>>> contravention.
>>>>
>>>> I think a bank would be trusted in these circumstances.
>>>
>>> Just up the way the discussion included shopkeepers.
>>
>> I wasn't including shpkeepers :-)
>
> Most people would be prepared to place more trust in shopkeepers than
> bankers though.
We're talking about cashiers rather then directors here - so I am not
sure that's true.
--
Percy Picacity