Tachograph and Driver Record Fraud

This is a very serious offence and is prosecuted the same way as a fraud case.

The elements of the offence are where a person has deliberately and knowingly falsified documents relating to tachographs and driver records so in order to mislead or deceive.

Procedures

The police take these cases seriously and will often start by opening a formal investigation, seizing any relevant material and interviewing those suspected.

If prosecuted forgery and falsification offences are triable either way so in either the Magistrates’ Court or the Crown Court, depending on their seriousness and their complexity.

Cases prosecuted in the Magistrates’ Court are heard by either three Magistrates or a District Judge. Cases sent to the Crown Court for trial are heard by a Judge and Jury.

Defences

To successfully defend such an allegation the defendant must show that either they did not commit the act alleged, or that the fraud/forgery was unintentional.

Every case will be entirely dependant on it’s own facts and a thorough examination of the evidence will be vital in each and every case.

Sentences

On conviction in the Magistrates’ Court the Court may impose an unlimited fine, and in the Crown Court up to two years in prison and/or an unlimited fine.