Police and Justice Act 2006 (c. 48)

Part 5 U.K. Miscellaneous

Computer misuse U.K.

36 Unauthorised acts with intent to impair operation of computer, etc E+W

For section 3 of the 1990 Act (unauthorised modification of computer material) there is substituted—

“3 Unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer, etc.

(1) A person is guilty of an offence if—

(a) he does any unauthorised act in relation to a computer;

(b) at the time when he does the act he knows that it is unauthorised; and

(c) either subsection (2) or subsection (3) below applies.

(2) This subsection applies if the person intends by doing the act—

(a) to impair the operation of any computer;

(b) to prevent or hinder access to any program or data held in any computer;[F1 or]

(c) to impair the operation of any such program or the reliability of any such data; [F2 or

(d) to enable any of the things mentioned in paragraphs (a) to (c) above to be done.]

(3) This subsection applies if the person is reckless as to whether the act will do any of the things mentioned in paragraphs (a) [F3 to (d)] [F3 to (c)] of subsection (2) above.

(4) The intention referred to in subsection (2) above, or the recklessness referred to in subsection (3) above, need not relate to—

(a) any particular computer;

(b) any particular program or data; or

(c) a program or data of any particular kind.

(5) In this section—

(a) a reference to doing an act includes a reference to causing an act to be done;

(b) “act” includes a series of acts;

(c) a reference to impairing, preventing or hindering something includes a reference to doing so temporarily.

(6) 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 12 months 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 six 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 ten years or to a fine or to both.”

Textual Amendments

F1 Word in s. 36 inserted (E.W.N.I.) (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 61(3)(a)(i), 94(1) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)

F2 Words in s. 36 repealed (E.W.N.I.) (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 61(3)(a)(ii), 94(1), Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)(i)

F3 Words in s. 36 substituted (E.W.N.I.) (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 61(3)(b), 94(1) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)(i)(viii)

Commencement Information

I1 S. 36 in force at 1.10.2007 for S. by S.S.I. 2007/434, art. 2(a)

I2 S. 36 in force at 1.10.2008 for E.W.N.I. by S.I. 2008/2503, art. 2(a)