Computer Misuse Act 1990 (c. 18) Document Generated: 2022-03-08 Changes to legislation: Computer Misuse Act 1990 is up to date with all changes known to be in force on or before 08 March 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 7 (5) This section is without prejudice to any jurisdiction exercisable by a court in Scotland apart from this section. (6) References in this Act to the home country concerned are references— (a) in the application of this Act to England and Wales, to England and Wales; (b) in the application of this Act to Scotland, to Scotland; and (c) in the application of this Act to Northern Ireland, to Northern Ireland. Textual Amendments F20 F21 F22 F23 5 S. 4 heading: words substituted (1.10.2007 for S. and 1.10.2008 otherwise) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 18; S.S.I. 2007/434, art. 2; S.I. 2008/2503, art. 2 Words in s. 4 heading substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 9; S.I. 2015/820, reg. 2(r)(iii) Words in s. 4(1) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 43(2), 88(1) (with s. 86(10)); S.I. 2015/820, reg. 2(c) S. 4(4A) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 43(3), 88(1) (with s. 86(10)); S.I. 2015/820, reg. 2(c) Significant links with domestic jurisdiction. (1) The following provisions of this section apply for the interpretation of section 4 above. F24 [ (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) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen; (b) a person who under the British Nationality Act 1981 is a British subject; or (c) a British protected person within the meaning of that Act.] (2) In relation to an offence under section 1, either of the following is a significant link with domestic jurisdiction— (a) that the accused was in the home country concerned at the time when he did the act which caused the computer to perform the function; or [F25(b) that any computer containing any program or data to which the accused secured or intended to secure unauthorised access by doing that act was in the home country concerned at that time.] F25 [ (b) that any computer containing any program or data to which the accused by doing that act secured or intended to secure unauthorised access, or enabled or intended to enable unauthorised access to be secured, was in the home country concerned at that time.]