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
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he may issue a warrant authorising a constable to enter and search the premises, using
such reasonable force as is necessary.
(2) The power conferred by subsection (1) above does not extend to authorising a search
for material of the kinds mentioned in Article 11(2) of the Police and Criminal
Evidence (Northern Ireland) Order 1989 (privileged, excluded and special procedure
material).
(3) A warrant under this section—
(a) may authorise persons to accompany any constable executing the warrant; and
(b) remains in force for twenty-eight days from the date of its issue.
(4) In exercising a warrant issued under this section a constable may seize an article if he
reasonably believes that it is evidence that an offence under section 1 above has been
or is about to be committed.
(5) In this section “ premises ” includes land, buildings, movable structures, vehicles,
vessels, aircraft and hovercraft.
(6) This section extends only to Northern Ireland.]
Textual Amendments
F75
17
S. 16A inserted (1.10.2008) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 28 (with
s. 38(2)); S.I. 2008/2503, art. 3(b)
Interpretation.
(1) The following provisions of this section apply for the interpretation of this Act.
(2) A person secures access to any program or data held in a computer if by causing a
computer to perform any function he—
(a) alters or erases the program or data;
(b) copies or moves it to any storage medium other than that in which it is held
or to a different location in the storage medium in which it is held;
(c) uses it; or
(d) has it output from the computer in which it is held (whether by having it
displayed or in any other manner);
and references to access to a program or data (and to an intent to secure such access
[F76or to enable such access to be secured]) shall be read accordingly.
(3) For the purposes of subsection (2)(c) above a person uses a program if the function
he causes the computer to perform—
(a) causes the program to be executed; or
(b) is itself a function of the program.
(4) For the purposes of subsection (2)(d) above—
(a) a program is output if the instructions of which it consists are output; and
(b) the form in which any such instructions or any other data is output (and
in particular whether or not it represents a form in which, in the case of
instructions, they are capable of being executed or, in the case of data, it is
capable of being processed by a computer) is immaterial.