Computer misuse offences

1. he causes a computer to perform any function with intent to secure access to any program or data held in any computer;
2. the access he intends to secure is unauthorised; and
3. he knows at the time when he causes the computer to perform the function that that is the case.

1. any particular program or data;
2. a program or data of any particular kind; or
3. a program or data held in any particular computer.

1. to commit an offence to which this section applies; or
2. to facilitate the commission of such an offence (whether by himself or by
   any other person);

and the offence he intends to commit or facilitate is
referred to below in this section as the further offence.

1. for which the sentence is fixed by law; or
2. for which a person of twenty-one years of age or over (not
   previously convicted) may be sentenced to imprisonment for a
   term of five years (or, in England and Wales, might be so
   sentenced but for the restrictions imposed by section 33 of the
   Magistrates' Courts Act 1980).

1. on summary conviction, to imprisonment for a term not
   exceeding six months or to a fine not exceeding the statutory
   maximum or to both; and
2. on conviction on indictment, to imprisonment for a term not
   exceeding five years or to a fine or to both.

1. he does any act which causes an unauthorised modification of
   the contents of any computer; and
2. at the time when he does the act he has the requisite intent and
   the requisite knowledge.

1. to impair the operation of any computer;
2. to prevent or hinder access to any program or data held in any
   computer; or
3. to impair the operation of any such program or the reliability of
   any such data.

1. any particular computer;
2. any particular program or data
   or a program or data of any particular kind; or
3. any particular modification or a modification of any particular
   kind.

1. on summary conviction, to imprisonment for a term not exceeding six months or to a fine not
   exceeding the statutory maximum or to both; and

2. on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or
   to both.

Jurisdiction

1. whether any act or other event proof of which is required for conviction of the offence
   occurred in the home country concerned; or
2. whether the accused was in the home country concerned at the time of any such act or event.

1. any such link does in fact exist in the case of an offence under section 1 above; and
2. commission of that offence is alleged in proceedings for an offence under section 2 above;

section 2 above shall apply as if anything the accused intended to do or facilitate in any place outside the
home country concerned which would be an offence to which section 2 applies if it took place in the
home country concerned were the offence in question.

1. in the application of this Act to England and Wales, to England and Wales;
2. in the application of this Act to Scotland, to Scotland; and
3. in the application of this Act to Northern Ireland, to Northern Ireland.

1. that the accused was in the home country concerned at the time when he did
   the act which caused the computer to perform the function; or
2. that any computer containing any program or data to which the accused
   secured or intended to secure unauthorised access by doing that act was in the
   home country concerned at that time.

1. that the accused was in the home country concerned at the time when he did
   the act which caused the unauthorised modification; or
2. that the unauthorised modification took place in the home country concerned.

1. the question where any person became a party to the conspiracy;
   and
2. the question whether any act, omission or other event occurred in the home
   country concerned.

1. the question where the attempt was made; and
2. the question whether it had an effect in the home country concerned.

"(1A) Subject to section 8 of the Computer Misuse Act 1990
(relevance of external law), if this subsection applies to an
agreement, this Part of this Act has effect in relation to it as it has
effect in relation to an agreement falling within subsection (1) above.

(1B) Subsection (1A) above applies to an agreement if-

(a) a party to it, or a party's agent, did anything in England and Wales in relation to
it before its formation; or

(b) a party to it became a party in England and Wales (by joining it either in person
or through an agent); or

(c) a party to it, or a party's agent, did or omitted anything in England and Wales in pursuance
of it;

and the agreement would fall within subsection (1) above as an agreement relating to the
commission of a computer misuse offence but for the fact that the offence would not be an offence
triable in England and Wales if committed in accordance with the parties' intentions.".

"(5) In the
application of this Part of this Act to an agreement to
which subsection (1A) above applies any reference to an offence shall be read as a reference to what
would be the computer misuse offence in question but for the fact that it is not an offence triable in
England and Wales.

(6) In this section "computer misuse offence" means an offence under the Computer Misuse Act
1990.".

"(1A) Subject to section 8 of the Computer Misuse Act 1990 (relevance of external law), if this
subsection applies to an act, what the person doing it had in view shall be treated as an offence to
which this section applies.

(1B) Subsection (1A) above applies to an act if-

(a) it is done in England and Wales; and

(b) it would fall within subsection (1) above as more than merely preparatory to the
commission of an offence under section 3 of the Computer Misuse Act 1990 but for the
fact that the offence, if completed, would not be an offence triable in England and Wales.".

1. what he had in view shall be treated as an offence under this Act for the purposes of any charge
   of incitement brought in respect of that act; and

2. any such charge shall accordingly be triable in England and Wales.

1. an act or omission by one or more of the parties; or
2. the happening of some other event;

constituting an offence under the law in force where the act, omission or other event
was intended to take place.

1. stating that, on the facts as alleged with respect to the relevant conduct,
   the condition is not in their opinion satisfied;
2. showing their grounds for that opinion; and
3. requiring the prosecution to show that it is satisfied.

1. where the condition in subsection (1) above is in question, what the accused
   intended to do or facilitate:
2. where the condition in subsection (2) above is in question, the agreed course
   of conduct; and
3. where the condition in subsection (3) above is in question, what the accused
   had in view.

1. any offence under this Act;
2. conspiracy to commit an offence under this Act;
3. any attempt to commit an offence under section 3 above; and
4. incitement to commit an offence under this Act.

Miscellaneous and general

1. in England and Wales of any enactment relating to powers of
   inspection, search or seizure; and
2. in Scotland of any enactment or rule of law relating to powers of examination, search or seizure.

1. the accused was within its commission area at the time when he did the act which caused the
   computer to perform the function; or

2. any computer containing any program or data to which the accused secured or intended to secure
   unauthorised access by doing that act was in its commission area at that time.

1. an offence under section 2 above; or
2. an offence under section 3 above or any attempt to commit such
   an offence;

the jury find him not guilty of the offence charged, they may find him
guilty of an offence under section 1 above if on the facts shown he could have been
found guilty of that offence in proceedings for that offence brought before the
expiry of any time limit under section 11 above applicable to such proceedings.

1. the accused was in the sheriffdom at the time when he did the act which caused the
   computer to perform the function; or

2. any computer containing any program or data to which the accused secured or
   intended to secure unauthorised access by doing that act was in the sheriffdom at that
   time.

1. the accused was in the sheriffdom at the time when he did the act which caused the
   unauthorised modification; or
2. the unauthorised modification took place in the sheriffdom.

1. that an offence under section 1 above has been or is about to be committed in any premises; and
2. that evidence that such an offence has been or is about to be committed is in those premises;

he may issue a warrant authorising a constable to enter and search the premises, using such reasonable force as
is necessary.

1. may authorise persons to accompany any constable executing the warrant; and
2. remains in force for twenty-eight days from the date of its issue.

1. offences under section 2 or 3 above;
2. any conspiracy to commit such an offence; and
3. any attempt to commit an offence under section 3 above.

1. the reference to England and Wales shall be read as a reference to Northern Ireland; and
2. the reference to section 33 of the Magistrates' Courts Act 1980
   shall be read as a reference to Article 46(4) of the Magistrates'
   Courts (Northern Ireland) Order 1981.

"(1A) Subject to section 8 of the Computer Misuse Act 1990 (relevance of external law), if
this paragraph applies to an agreement, this Part has effect in relation to it as it has effect in
relation to an agreement falling within paragraph (1).

(1B) Paragraph (1A) applies to an agreement if-

(a) a party to it, or a party's agent, did anything in Northern Ireland in
relation to it before its formation;

(b) a party to it became a party in Northern Ireland (by joining it either in
person or through an agent); or

(c) a party to it, or a party's agent, did or omitted anything in Northern
Ireland in pursuance of it;

"(5) In the
application of this Part to an agreement to which
paragraph (1A) applies any reference to an offence shall be read as a reference to what would
be the computer misuse offence in question but for the fact that it is not an offence triable
in Northern Ireland.

(6) In this Article "computer misuse offence" means an offence under the Computer
Misuse Act 1990.".

"(1A) Subject
to section 8 of the Computer Misuse Act 1990
(relevance of external law), if this paragraph applies to an act, what the person doing it had in
view shall be treated as an offence to which this Article applies.

(1B) Paragraph (1A) above applies to an act if-

(a) it is done in Northern Ireland; and

(b) it would fall within paragraph (1) as more than merely preparatory to
the commission of an offence under section
3 of the Computer Misuse Act 1990 but for the fact that the offence, if
completed, would not be an offence triable in Northern Ireland.".

1977 c. 45.

1981 c. 47.

1. the reference in subsection (2) to section 1(1A) of the Criminal
   Law Act 1977 shall be read as a reference to Article 9(1A) of that Order; and
2. the reference in subsection (3) to section 1(1A) of the Criminal
   Attempts Act 1981 shall be read as a reference to Article 3(1A) of that Order.

"(1) A magistrates' court for a county division in Northern Ireland may hear and determine a complaint
charging an offence under section 1 above or conduct a preliminary investigation or preliminary inquiry into
an offence under that section if-

(a) the accused was in that division at the time when he did the act which caused the computer to
perform the function; or

(b) any computer containing any program or data to which the accused secured or intended to secure
unauthorised access by doing that act was in that division at that time.";

and subsection (6) shall be omitted.

1. the reference in subsection (1) to a circuit judge shall be read as a reference to a county court judge; and
2. the reference in subsection (2) to section 9(2) of the Police and
   Criminal Evidence Act 1984 shall be read as a reference to
   Article 11(2) of the Police and Criminal Evidence (Northern
   Ireland) Order 1989.

1. alters or erases the program or data;
2. copies or moves it to any storage medium other than that in which it is held or to a different location in the
   storage medium in which it is held;
3. uses it; or
4. has it output from the computer in which it is held (whether by having it displayed or in any other
   manner);

and references to access to a program or data (and to an intent to secure such access) shall be read accordingly.

1. causes the program to be executed; or
2. is itself a function of the program.

1. a program is output if the instructions of which it consists are output; and
2. the form in which any such instructions or any other data is output (and in particular whether or not it
   represents a form in which, in the case of instructions, they are capable of being executed or, in the case
   of data, it is capable of being processed by a computer) is immaterial.

1. he is not himself entitled to control access of the kind in question to the program or
   data; and

2. he does not have consent to access by him of the kind in question to the program or
   data from any person who is so entitled.

1. any program or data held in the computer concerned is altered or erased; or
2. any program or data is added to its contents;

and any act which contributes towards causing such a modification shall be regarded as causing
it.

1. the person whose act causes it is not himself entitled to determine whether the
   modification should be made; and
2. he does not have consent to the modification from any person who is so entitled.