There are currently no known outstanding effects for the Computer Misuse Act 1990, Section 3A.
(1)A person is guilty of an 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 [F3section 1, 3 or 3ZA].
(2)A person is guilty of an offence if 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 [F4section 1, 3 or 3ZA].
(3)A person is guilty of an offence if he obtains any [F5article—
(a)intending to use it to commit, or to assist in the commission of, an offence under section 1, 3 or 3ZA, or
(b)with a view to]
its being supplied for use to commit, or to assist in the commission of, an offence under [F6section 1, 3 or 3ZA].
(4) In this section “ article ” includes any program or data held in electronic form.
(5)A person guilty of an offence under this section shall be liable—
(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding [F7the general limit in a magistrates’ court] or to a fine not exceeding the statutory maximum or to both;
(b)on summary conviction in Scotland, to imprisonment for a term not exceeding [F812] months or to a fine not exceeding the statutory maximum or to both;
(c)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.]
Textual Amendments
F1S. 3A inserted (1.10.2007 for S. and 1.10.2008 otherwise) by Police and Justice Act 2006 (c. 48), ss. 37, 53 (with s. 38(5)(6)); S.S.I. 2007/434, art. 2; S.I. 2008/2503, art. 2(a)
F2Words in s. 3A heading substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 8; S.I. 2015/820, reg. 2(r)(iii)
F3Words in s. 3A(1) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 41(3), 88(1); S.I. 2015/820, reg. 2(a)
F4Words in s. 3A(2) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 41(3), 88(1); S.I. 2015/820, reg. 2(a)
F5Words in s. 3A(3) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 42, 88(1) (with s. 86(5)); S.I. 2015/820, reg. 2(b)
F6Words in s. 3A(3) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 41(3), 88(1); S.I. 2015/820, reg. 2(a)
F7Words in s. 3A(5)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
F8Word in s. 3A(5)(b) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 7(d); S.I. 2015/820, reg. 2(r)(iii)
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