Previously, the legislation was being read in a way that penalised all who destroyed documents – false or genuine. This is what was intended by parliament, but their draughtsmen failed to draft tightly and this judgement drives a coach and horses through the statutory intent. It also undermines the judgement in Embaye.

The vast proportion of the many hundreds who were convicted under s.2 were those who had used false documents and returned them to an agent or destroyed them on the agent’s instructions. Most of these may well be entitled to appeal their convictions. Despite the fact that most will have served their sentence, it may be worth appealing because of the credibility provisions in section 8 of the Act. Those who pleaded guilty are still entitled to appeal. 

The provisions in s.2(7)(b)(iii) about the reasonableness of complying with instructions of an agent are no longer relevant, except where someone destroyed their genuine document.