A Guide to Computer Misuse Act Offences

Have you been charged with an offence under the Computer Misuse Act 1990? If so, you are probably in need of some expert advice. The offences under the Computer Misuse Act (CMA), and their application, especially in the current world of complex technologies (which are far more advanced than when the legislation was written) can be confusing and difficult to decipher. Perhaps you are looking at the words on the charge sheet and struggling to fit them to the facts of your case. This article aims to unpack the offences under the Computer Misuse Act. It looks at the types of evidence that are currently used in Computer Misuse Act cases, and the maximum sentence(s) you could face if you are convicted. It also considers possible defences, which could mean you get a lighter punishment or no punishment at all.

An overview of offences under the Computer Misuse Act  

The CMA sets out various offences that mainly relate to unauthorised access to, and interference with computers, including hacking. Here is a summary of the main offences:

1. Unauthorised access to computer material (Section 1 CMA): In this offence, the defendant is alleged to have secured access, or intended to secure access, to computer information that the defendant was aware that they were not authorised to access. For example, one case under this offence related to a defendant who secured access to client bank accounts, which she knew she was not permitted to access, in order to forge credit cards.

2. Unauthorised access with intent to commit or facilitate commission of further offences (Section 2 CMA): this offence relates to where computer information has been unlawfully accessed in order to commit a further offence. Examples of further offences that might follow on from such an act are fraud, theft, or offences under the Data Protection Act 2018.

3. Unauthorised acts with intent to impair, or with recklessness as to impairing, the operation of a computer (Section 3 CMA): This offence relates to an action that prevents or hinders access to computer material by a legitimate user. For example, cyber-attacks that seek to make a machine or service unavailable to their users.

4. Unauthorised acts causing or creating risk of serious damage (Section 3ZA CMA): This offence targets computer misuse affecting critical national infrastructure, where damage to human welfare, environment, economy, or national security is at stake. It was added to the CMA legislation in 2015 to bring it into line with European Directive (2013/40/EU).

Offences under the CMA can be prosecuted even where the offence took place outside of England and Wales. However, according to Section 4 CMA, the court is only permitted to hear the case where there is a ‘significant link’ to England and Wales.

According to the Crown Prosecution Service, this could include if the target of the computer misuse is in the home country or if the misuse would create a significant risk of serious damage in the home country. It could also include if the technological activity that enabled the offending may have passed through a server based in the home country. This significantly widens the application of the legislation to include acts committed against any individual or network of a company or organisation with servers in England and Wales.

The CMA leaves the definition of ‘computer’ open. In 1997, courts interpreted this to mean ‘a device for storing, processing, and retrieving information.’ This was some time ago, and of course technology has progressed exponentially since then. If the matter is heard again by the courts, it may be possible that they develop a more refined definition to acknowledge the progress in technology. The offences under the CMA have been criticised by civil society organisations such as the Criminal Law Reform Now Network for being outdated and ambiguous.

What kind of evidence is used in Computer Misuse Act cases?

The police are likely to seize and interrogate any electronic devices that they allege were used in the commission of the offence. As well as searching the contents of the devices, they may also seek to access information held in the cloud.

Where the defendant is accused of hacking into a computer network system or computer, the prosecution is likely to rely upon electronic records that show when the system or computer was accessed, by whom, and how. In cases of unauthorised access, say for example in a bank, the prosecution would use the organisation’s audit records to show at what time the accounts were unlawfully accessed and by whom. They may also seek to link this unauthorised access to harm caused to the victim or connect it to further offences committed by the defendant – such as theft or fraud.

What is the maximum sentence for Computer Misuse Act cases?

The maximum sentences are set out in the CMA and depend upon the offence that has been committed. The table below sets out the various offences and the maximum sentence available for each:

What are the applicable Computer Misuse Act defences?

Defences are a complex area of law. Whether you have a valid defence depends on the facts of your case, and you should always consult a solicitor for specialist advice. That said, there are several possible defences to offences under the CMA:

2. Straightforwardly, you did not perform the act that you have been accused of doing.
3. You did perform the act, but you did not have the required ‘guilty mind’ for the offence to be made out. For example, say you have been accused of unauthorised access to computer material. You accessed a person’s record, which you were not authorised to access. However, you did so, simply following a colleague’s instructions, without realising that your colleague did not have permission to make the request. This scenario came up in a real case, concerning a police officer making a request to the Police National Computer (PNC). The operator at the PNC was found not guilty because they were following what they believed to be legitimate instructions.

General defences

A ‘general defence’ to relates to the person accused rather than the crime itself. The following general defences may apply to offences under the CMA:

Mistake: This defence could apply if you were mistaken as to certain factual circumstances and would not have committed the offence if you had known otherwise. For example, perhaps you accessed a person’s records, believing mistakenly that you were entitled to retrieve the information.

Insanity: To succeed in this defence, you need to do more than simply show that you were suffering from mental health issues. You need to show that due to mental illness, you lacked the ability to reason such that you did not know that the act that you were doing was against the law.

Duress: This is where you were forced by a person or a set of circumstances to commit an offence. The court will consider whether you reasonably feared death or serious injury if you did not commit the act, and whether a reasonable person in your situation would have shared those fears and responded in the same way. This could apply to you if someone forced or pressurised you to hack or otherwise interfere with a computer.

Automatism: If you were not aware of your actions when committing the offence, in some rare circumstances, you may be able to rely upon the defence of automatism. Generally, if you were under the voluntary influence of alcohol or illicit drugs you will not be able to rely on this defence.

What will a successful defence achieve?

A successful defence may lead to you being acquitted or convicted of a lesser charge. Defences are highly fact dependent, so it is always best to seek advice on your case from a criminal defence solicitor with experience in handling CMA cases.

Where can I get help with Computer Misuse Act offences?

 If you have been accused of an offence under the Computer Misuse Act, make sure that you instruct criminal defence solicitors who are ready to take on the technical challenge of such a case. Not all solicitors are qualified to handle these cases given the technicalities of the provisions. With a team of highly experienced specialist and experienced criminal defence experts, Stuart Miller Solicitors is here to help. Contact us for a no obligation consultation today.

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14:13 14 Aug 24

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20:42 07 Feb 24

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12:36 22 Jan 24

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22:14 20 Jan 24

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23:14 19 Jan 24

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Real Cubano

13:03 16 Jan 24

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19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

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20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

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19:54 19 Dec 23

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21:00 09 Dec 23

Thank you to Holly Lambeth and the team for my not guilty verdict at woodgreen Crown Court.

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11:13 06 Dec 23

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asfandyar mahmood

17:49 01 Dec 23

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09:45 01 Dec 23

I just like to say a very big thank to Stuart Miller and the team but most especially Victoria, Mohammed Zebb, Kiran and the Receptionist for all their hard effort and now I'm on my way forward with getting on with my own life; Thank you so much StuartMiller and team. I've been with you people since 2012/2013 (roughly 7 years) I'll never forget them in my future career. stuartMiller are extremely kind and respectful. To all you solicitors aswell I wish you all best.Thank you.All the best.

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15:51 28 Nov 23

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05:40 27 Nov 23

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20:03 23 Nov 23

Kiran was 100% helpful with my case and listened to me and advice me accordingly.I’m really happy with the outcome and I recommend their services to any one who’s looking for a good service and someone that can listen to you and help you with your case. Thank you so much Kiran and the whole team. Excellent job!

Imran

10:48 23 Nov 23

I would like to thank the team at Stuart Miller for helping me with my case, especially Kate andTasnuva, they both were dealing with my case and helped be through it and i am very happy with the outcome. also there price for fighting on my behalf was reasonable compared to another company who were charging extortion money for first consulation.

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21:28 18 Nov 23

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03:12 15 Nov 23

Their friendly and understanding demeanor was truly appreciated. I am incredibly thankful to Miller's and their appointed court solicitors for their excellent support.

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14:50 14 Nov 23

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06:12 31 Oct 23

Stuart Miller Solicitors are nothing short of miracle workers! When faced with serious charges, I felt lost and overwhelmed. But from day one, they assured me and proved their dedication by being accessible 24/7. They managed to get me out of troubles and gave me a second chance in life.

Mabz

22:54 28 Oct 23

Another one *DJ Khaled voice* Mohammed Zeb thats Big Bro buss another case as usual thank you and it’s always love. Different League Different Class Mike Tyson in the court room. No one try tell me about these fake internet tik tok lawyers in saggy suits using chat gpt to create defences don’t make me catch another case please. Trust Zeb be patient show love and respect and youll be alright. You get arrested go cell request 2 blankets and a fresh grey jumper and tell the Sarge call Stuart Millers then just go sleep real simple.

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20:51 25 Oct 23

Thank you Holly for representing me at the police station. You are a credit to Stuart Miller. Very professional and a lovely person. I can’t thank you enough. I would highly recommend you. ❤️

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06:11 19 Oct 23

If you need a criminal defence solicitor that delivers results, contact Mr Zeb. He s the best in his field. From the moment I walked into Stuart Miller Solicitor's office, I knew I was in good hands. His unmatched expertise and personalized approach ensured that my charges dropped before the hustle of reaching out to court, and I couldn't be happier with the outcome. Stuart Miller Solicitors are very good but Mr Zeb is the best. I highly recommend him and the firm to anyone facing legal challenges

Fabian Jones

18:59 17 Oct 23

Incredible legal team! I couldn't have asked for better representation during the most challenging period of my life. They're genuine care made all the difference in my case.

MadDog Lambo

13:11 17 Oct 23

Called Stuart Miller for advice. Bobbi was more than happy to advise me and answer all questions. When i had further questions, Mohammed personally called me to answer them in full. I can not recommend Stuart Miller highly enough and they went above and beyond, in taking the time to make sure all was taken care of and all questions answered.

Ambreen Farooq

20:06 12 Oct 23

I spoke with Mr. Kibla regarding a query I had and he was so helpful and informative. Will definitely be using their services if ever needed.

Norrys 88

10:26 11 Oct 23

Thank you team stuart millerI was on a suspended sentence and i breachedA brilliant director from the firm saved me

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14:13 04 Oct 23

Fantastic service. When I was going through my case they were very comforting and helped keep me sane during my proceedingsAnd was patient through my anxiety

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12:42 04 Oct 23

Excellent communication skills the correct result thanks guys

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12:17 04 Oct 23

An excellent firm and knowledgeable solicitorsI had no idea who to got when my money was seizedMohammed zeb was proactive in his advice sensitive to my needs and challenging to the systemI got the cash and won my caseThe moral is: Experience is a mustDedication is trustMotivation is keyThanks

Aishah M

19:36 29 Sep 23

Amazing service, called for advice and they did not disappoint at all, would highly recommend using them

XSimplyChxrryX

13:04 21 Sep 23

They saved my lifeMy businessMy worldThank youTEAM STUART MILLER

Hannah Brooks

12:48 07 Sep 23

Unfortunately got myself in a situation where I needed legal representation. My solicitor was great, but attention needs to be drawn especially to Amirah. She well and truly went over and beyond what most people would do, to help me resolve the situation. Nothing was ever too much, in fact it was her who pushed things further than I'd have even asked her to, she really does care about not just her occupation, but the people she helps. Cannot say enough good things about her... not just good legal representation, but an actual lovely person who genuinely cares, and you don't get that very often anymore. So, thank you to Stuart Miller Solicitors in Wood Green, but definitely, more importantly, to Amirah.

Angela M

20:11 05 Sep 23

I would like to say a big thank you to Savannah Loizides. My elderly mother recently required legal assistance for a police interview as part of an investigation.Savannah was professional, caring and supportive. In the days and weeks following the police interview, Savannah has been helpful and informative answering my questions promptly.I would recommend Stuart Miller Solicitors and would not hesitate to contact them again if the need arises.

Aisha Bibi

14:38 12 Aug 23

My husband was represented by an solicitor who frequently appears on Tik TokWe had very minimal advice the service was shambolicWe had been referred to the director who saw us asap and understood the life changing dilemma he facedWe had proper legal advice and the eventual result was that my husband was found not guiltyI say this to the nation just get an appointment and speak to the teamSome of the people you see on social media are not worth itGuys this is your life . YOU HAVE ONE CHANCE GET THE TEAM AT STUART MILLERAll I can say is you will not be disappointed

Omar Ramjean

22:48 11 Aug 23

Gave some advice about the situation told me what to expect and if I need to instruct they will be happy to help

Lou D

14:30 09 Aug 23

My husband an I are extremely grateful for Abu Kibla and his amazing support representing my husband under such time consuming circumstances. He was very helpful and made us feel at ease right away.We left pleasantly satisfied and would definitely recommend Abu Kibla to anyone needing representation.Thank you

Jake Elliott

11:46 02 Aug 23

Abu Kibla represented me for my second drink driving offence, and not only that I had no license or insurance. Perhaps I am exposing myself saying that but you need the context as Kibla managed to get my ban reduced from 3 years to 2.5, and only a 200 pound fine. Aside from being very professional at what he does, he's also a good guy, who has your back. He explained my situation to the judge in a clear way I wouldn't have been able to. Don't hesitate!

R M

20:05 01 Aug 23

I would like to thank everyone at Stuart miller especially to Kibla for their excellent work. At a time when things were very hard for me they helped me win my case. I hoped for total support from Stuart Miller when I instructed them, I got so much more. I would highly recommend Stuart Miller to anyone seeking for a reliable legal team. Many thanks again for everything, you were brilliant.

Jabrar Hussain

08:21 29 Jul 23

Spoke to a director at 8 amIf I could give 10 stars I wouldAll my anxiety finishedThanks 👦

Karima AMRAOUI

13:37 28 Jul 23

Fantastic firm excellent lawyersBrilliant advocates overall THE GO TO FIRM

Taj Uddin

13:10 28 Jul 23

Thank you for all your help I am great full fir having such a great team who considered all my issues and got me the correct result

Nathan Hallway

12:59 28 Jul 23

Id like to say Thankyou to joe and tasnuva.They really helped me out and was so kind and thoughtful throughout.

maruf kocabay

10:28 28 Jul 23

Brilliant application by Mohammed zebAlso thank you to the team

Bill

13:08 25 Jul 23

Contacted them, rang me back immediately gave me legal advice and said they would be there if ever needed. I can breath abit better with their advice.

Halil Su

17:49 21 Jul 23

I just wanted to say big thank you to MR MOHAMMED ZEB and FUNDA BOZKURT for helping me, I’ve know MR Zeb over 20 years. Best defence lawyer in London, I appreciate your time and efforts.Kind regardsMr Su

Mohammed Hussain

11:04 17 May 23

Excellent service from sincere highly qualified individuals who are truly motivated to help you with legal matters. I specifically want to thank Kelly Morris for her outstanding work in my case. She is an awesome lady and a fantastic legal professional who I simply cannot thank enough! Kelly I will never forget the day you called me with the good news. 10/10 service!Big thanks to Stuart Miller law firm also! I will be using this law firm if any future legal problems arise, but hopefully this will not be the case!

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