- Latest available (Revised)
- Point in Time (27/04/2017)
- Original (As enacted)
Point in time view as at 27/04/2017.
There are currently no known outstanding effects for the Serious Crime Act 2015, Section 43.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)The Computer Misuse Act 1990 is amended as follows.
(2)In section 4 (territorial scope of offences), in subsection (1), for “section 1 or 3” substitute “ section 1, 3 or 3ZA ”.
(3)After subsection (4) of that section insert—
“(4A)It is immaterial for the purposes of an offence under section 3A whether the accused was in the home country concerned at the time of any act or other event proof of which is required for conviction of the offence if there is a significant link with domestic jurisdiction in relation to the offence.”
(4)In section 5 (significant links with domestic jurisdiction), after subsection (1) insert—
“(1A)In relation to an offence under section 1, 3, 3ZA or 3A, where the accused was in a country outside the United Kingdom at the time of the act constituting the offence there is a significant link with domestic jurisdiction if—
(a)the accused was a United Kingdom national at that time; and
(b)the act constituted an offence under the law of the country in which it occurred.
(1B)In subsection (1A)—
“country” includes territory;
“United Kingdom national” means an individual who is—
a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;
a person who under the British Nationality Act 1981 is a British subject; or
a British protected person within the meaning of that Act.”
(5)After subsection (3) of that section insert—
“(3A)In relation to an offence under section 3ZA, any of the following is also a significant link with domestic jurisdiction—
(a)that the accused was in the home country concerned at the time when he did the unauthorised act (or caused it to be done);
(b)that the unauthorised act was done in relation to a computer in the home country concerned;
(c)that the unauthorised act caused, or created a significant risk of, serious damage of a material kind (within the meaning of that section) in the home country concerned.”
(6)In section 13 (proceedings in Scotland), after subsection (2) insert—
“(2A)A sheriff shall have jurisdiction in respect of an offence under section 3ZA above if—
(a)the accused was in the sheriffdom at the time when he did the unauthorised act (or caused it to be done), or
(b)the computer in relation to which the unauthorised act was done was in the sheriffdom at that time.
(2B)A sheriff shall have jurisdiction in respect of an offence under section 3A above if—
(a)the accused was in the sheriffdom at the time when—
(i)he made, adapted, supplied or offered to supply the article intending it to be used as mentioned in subsection (1) of that section,
(ii)he supplied or offered to supply the article believing that it would be used as mentioned in subsection (2) of that section, or
(iii)he obtained the article intending to use it, or with a view to its being supplied for use, as mentioned in subsection (3) of that section; or
(b)the offence related to the commission of an offence under section 1, 3 or 3ZA above (in the way described in subsections (1) to (3) of section 3A above) and any computer as mentioned in subsection (1)(b), (2)(b) or (2A)(b) of this section was in the sheriffdom at the time the accused carried out the act constituting the offence under section 3A above.”
(7)After subsection (10) of that section insert—
“(10A)Where an offence under section 1, 3, 3ZA or 3A above is committed outside Scotland, the person committing the offence may be prosecuted, tried and punished for the offence—
(a)in any sheriff court district in Scotland in which the person is apprehended or is in custody, or
(b)in such sheriff court district as the Lord Advocate may direct,
as if the offence had been committed in that district; and the offence is, for all purposes incidental to or consequential on the trial or punishment, deemed to have been committed in that district.”
Commencement Information
I1S. 43 in force at 3.5.2015 by S.I. 2015/820, reg. 2(c)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: