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 13 13 Proceedings in Scotland. (1) A sheriff shall have jurisdiction in respect of an offence under section 1 or 2 above if— (a) the accused was in the sheriffdom at the time when he did the act which caused the computer to perform the function; or [F56(b) 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 sheriffdom at that time.] (2) A sheriff shall have jurisdiction in respect of an offence under section 3 above if— (a) the accused was in the sheriffdom at the time when [F57he did the unauthorised act (or caused it to be done)] ; or [F58(b) the unauthorised act was done in relation to a computer in the sheriffdom.] [F59(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.] (3) F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) In proceedings in which a person is charged with an offence under section 2 or 3 above and is found not guilty or is acquitted of that charge, he may be found guilty of an offence under section 1 above if on the facts shown he could have been found guilty of that offence in proceedings for that offence F61. . . . (9) Subsection (8) above shall apply whether or not an offence under section 1 above has been libelled in the complaint or indictment. (10) A person found guilty of an offence under section 1 above by virtue of subsection (8) above shall be liable, in respect of that offence, only to the penalties set out in section 1.