A while ago we did a series of posts on the Computer Misuse Act, finishing off with a summary of the changes that were going to be made by the Police and Justice Bill. As previously reported, the Bill has now been passed, becoming the Police and Justice Act (P&JA).
At the time the P&JA was passed, it seemed like the changes to the Computer Misuse Act brought in by the P&JA would be the same as those in the Police and Justice Bill as it was at the time of our series. I've since found that the changes to the Computer Misuse Act offences made by the P&JA are wider than those contained in the Bill at the time of our series. The changes are in fact slightly different, narrowing the scope of some changes and adding new ones. It's therefore time for a fresh IMPACT guide to the subject.
This is a a summary of the Computer Misuse Act offences as amended by the Police and Justice Act.
Unauthorised access to computer materials (hacking)
This is the section 1 offence. Someone is guilty of the offence if:
- he causes a computer to perform any function
(a) with intent to secure access to any program or data held in any computer
(b) or to enable any such access to be secured
- the access he intends to secure, or to enable to be secured, is unauthorised
Carrying out unauthorised acts in relation to a computer
This is the section 3 offence. Someone is guilty of the offence if
- he does any unauthorised act in relation to a computer;
- at the time when he does the act he knows that it is unauthorised; and
- either the person intends that the act will have a certain result (discussed next) or the person is reckless as to whether or not the act will have that certain result.
The 'certain result' referred to in bullet point 3 above is any of the following:
- impairing the operation of any computer
- preventing or hindering access to any program or data held in any computer
- impairing the operation of any such program or the reliability of any such data
- enabling any of the above to be done
Making, supplying or obtaining articles for use in computer misuse offences
This is a new offence and is called the "Section 3A offence" because it
is effectively a new Section 3A of the Computer Misuse Act.
The offence is to do with articles that could be used for either the section 1 (unauthorised access) or the section 3 offence (carrying out unauthorised acts) just outlined. Here, articles is stated to include "any program or data held in electronic form".
Someone is guilty of the offence if
- he makes, adapts, supplies or offers to supply any article intending it to be used to commit, or to assist in the commission of, an offence under section 1 or 3; and/or
- he supplies or offers to supply any article believing that it is likely to be used to commit, or to assist in the commission of, an offence under section 1 or 3; and/or
- he obtains any article with a view to its being supplied for use to commit, or to assist in the commission of, an offence under section 1 or 3.
Penalties for offences
The penalties are divided into:
- Summary penalties. These are trials without juries.
- Indictment penalties. These are trials with juries.
The penalties are as follows:
- Section 1 (hacking)
- Summary penalty: up to 12 months in prison and / or a fine of up to the statutory maximum.
- Indictment penalty: up to 2 years in person and / or a fine.
- Section 3 (carrying out unauthorised acts in relation to a computer)
- Summary penalty: up to 12 months in prison and / or a fine of up to the statutory maximum.
- Indictment penalty: up to 10 years in person and / or a fine.
- Section 3A (making, supplying or obtaining articles...)
- Summary penalty: up to 12 months in prison and / or a fine of up to the statutory maximum.
- Indictment penalty: up to 2 years in person and / or a fine.
Views on the amended Computer Misuse Act
As you'd expect, there has already been discussion of the amendment Computer Misuse Act within the IT industry. The new offences have only just become law and so it's a bit early to tell whether or not the amended Act is a success, or even whether the offences are over the top (as has already been said about the final Section 3A offence). We'll keep you posted on developments as the amended Act beds in and we see some prosecutions coming through.
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