This page reports the text of the Act as enacted, which we opened on 5 October 2026. Later amendments are possible, so check the current text on the Irish Statute Book or the Law Reform Commission's revised Acts before relying on a figure. It is information, not legal advice.
- "Instrument" means any document, formal or informal (section 24). The definition lists passports, public service cards, certified birth, marriage and death entries, certificates of insurance and more.
- Forgery and using a false instrument: up to 10 years on conviction on indictment (sections 25 and 26).
- Having a false instrument without lawful authority or excuse: up to 5 years (section 29(2)).
- Dishonestly gaining by deception: up to 5 years (section 6).
The offences
| Section | Offence | Ceiling (on conviction on indictment) |
|---|---|---|
| 6 | Dishonestly, with intent to make a gain or cause loss, inducing another by deception to do or not do an act | Fine or up to 5 years, or both |
| 25 | Forgery: making a false instrument intending it to be accepted as genuine, to the prejudice of someone | Fine or up to 10 years, or both |
| 26 | Using an instrument you know or believe to be false, intending it to be accepted as genuine | Fine or up to 10 years, or both |
| 27 | Copying a false instrument intending the copy to be accepted as a copy of a genuine one | Fine or up to 10 years, or both |
| 28 | Using a copy of a false instrument with that intention | Fine or up to 10 years, or both |
| 29(1) and (3) | Having a false instrument, or equipment to make one, intending it to be used to deceive | Fine or up to 10 years, or both |
| 29(2) and (4) | Having a false instrument, or such equipment, without lawful authority or excuse | Fine or up to 5 years, or both |
What "false" means
Section 30 treats an instrument as false if it purports to have been made, in its form or terms, by someone who did not make it, or on the authority of someone who did not authorise it; if it purports to have been altered by someone who did not alter it, or without authority; if it purports to have been made or altered on a date or at a place when it was not; or if it purports to have been made by a person who did not exist. A person who alters an instrument so as to make it false in any respect is treated as having made a false instrument.
Prejudice and machines
Under section 31, an act induced is to a person's prejudice if it would cause loss of property, deprive them of an opportunity to earn or gain, or give another that opportunity, or if the person accepts a false instrument as genuine in connection with performing a duty. Inducing a machine to respond to a false instrument as if it were genuine is covered too. That wording is why impersonating a candidate on a computer-based test was charged as conspiracy involving unlawful use of a computer and deception.
Driving without a licence
Section 38 of the Road Traffic Act 1961 prohibits driving a mechanically propelled vehicle in a public place unless you hold a driving licence for the time being having effect and licensing you to drive it. Owners may not employ someone to drive who does not hold such a licence. The Act we read is the version as enacted, whose penalties were expressed in pounds and have since been amended, so we do not state a current penalty.
What the reported cases show
The outcomes we found sit far below the ceilings: a €500 fine under section 26 in Tallaght, two €750 fines in Roscommon, a two-year driving ban with €500 in fines in Dublin, and short or suspended prison terms in the theory test cases. The case log lists them with sources. A ceiling is a ceiling, not an expectation.
Summary cases
The ceilings above apply on conviction on indictment. Many of the reported licence cases were heard in the District Court, where we have not read the summary limits, and we state none.
How the reported cases map to the Act
| Reported case | Charge as reported |
|---|---|
| Tallaght, November 2025 | Using a false driving licence, contrary to section 26 |
| Letterkenny, October 2024 | Possession of a fraudulent theory test certificate with intent to induce acceptance as genuine (the report does not name the section) |
| Dublin, 2025 to 2026 | Conspiracy, with unlawful use of a computer and deception; the 2025 charge was reported under section 71 of the Criminal Justice Act 2006, which we have not read |
| Roscommon, December 2024 offence | Possession and use of a forged licence |
Why ceilings are not predictions
A ceiling is the most a court may impose. Judges weigh the facts, any guilty plea, previous convictions and personal circumstances. In the Tallaght case the report records that the defendant admitted the licence was false and had eight earlier convictions. The sentence was a €500 fine. We list ceilings so readers understand that these are serious offences, not to suggest that any case will end that way.
Frequently asked questions
Is using a fake driving licence a crime in Ireland?
Yes. Section 26 of the 2001 Act covers using an instrument you know or believe to be false, intending it to be accepted as genuine, with a ceiling of 10 years on conviction on indictment.
Is it an offence just to have a fake licence?
Section 29(2) covers having a false instrument without lawful authority or excuse, with a ceiling of 5 years on conviction on indictment.
Does the 2001 Act cover driving licences?
It defines an instrument as any document, formal or informal. A Tallaght District Court case in 2025 was charged as using a false driving licence under section 26.
What is the maximum penalty for forgery in Ireland?
Up to 10 years in prison, a fine or both, on conviction on indictment under section 25. That is a ceiling, not the usual sentence.
What is gain by deception?
Section 6 makes it an offence to dishonestly, intending a gain or loss, induce another by deception to do or refrain from an act, with a ceiling of 5 years on indictment.
Sources and official links
- Theft and Fraud Offences Act 2001, section 24 (meaning of instrument)
- Theft and Fraud Offences Act 2001, section 25 (forgery)
- Theft and Fraud Offences Act 2001, section 26 (using false instrument)
- Theft and Fraud Offences Act 2001, section 27 (copying false instrument)
- Theft and Fraud Offences Act 2001, section 28 (using copy of false instrument)
- Theft and Fraud Offences Act 2001, section 29 (custody or control)
- Theft and Fraud Offences Act 2001, section 30 (meaning of false)
- Theft and Fraud Offences Act 2001, section 6 (gain or loss by deception)
- Road Traffic Act 1961, section 38 (driving without a licence), as enacted