2
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
(b)
(c)
on summary conviction in Scotland, to imprisonment for a term not exceeding
[F412] months or to a fine not exceeding the statutory maximum or to both;
on conviction on indictment, to imprisonment for a term not exceeding two
years or to a fine or to both.]
Textual Amendments
F1
F2
F3
F4
2
Words in s. 1(1)(a) inserted (S.) (1.10.2007) by Police and Justice Act 2006 (c. 48), ss. 35(2)(a), 53
(with s. 38(1)); S.S.I. 2007/434, art. 2 (the inserting provision being repealed for E.W.N.I. (1.10.2008)
by 2007 c. 27, ss. 61(2), 92, 94, Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)(i)(viii))
Words in s. 1(1)(b) inserted (S.) (1.10.2007) by Police and Justice Act 2006 (c. 48), ss. 35(2)(b), 53
(with s. 38(1)); S.S.I. 2007/434, art. 2 (the inserting provision being repealed for E.W.N.I. (1.10.2008)
by 2007 c. 27, ss. 61(2), 92, 94, Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)(i)(viii))
S. 1(3) substituted (1.10.2007 for S. and 1.10.2008 otherwise) by Police and Justice Act 2006 (c. 48),
ss. 35(3), 53 (with s. 38(2)(6)); S.S.I. 2007/434, art. 2; S.I. 2008/2503, art. 2(a)
Word in s. 1(3)(b) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 7(a);
S.I. 2015/820, reg. 2(r)(iii)
Unauthorised access with intent to commit or facilitate commission of further
offences.
(1) A person is guilty of an offence under this section if he commits an offence under
section 1 above (“the unauthorised access offence”) with intent—
(a) to commit an offence to which this section applies; or
(b) to facilitate the commission of such an offence (whether by himself or by any
other person);
and the offence he intends to commit or facilitate is referred to below in this section
as the further offence.
(2) This section applies to offences—
(a) for which the sentence is fixed by law; or
(b) for which a person who has attained the age of twenty-one years (eighteen
in relation to England and Wales) and has no previous convictions may be
sentenced to imprisonment for a term of five years (or, in England and Wales,
might be so sentenced but for the restrictions imposed by section 33 of the
M1
Magistrates’ Courts Act 1980).
(3) It is immaterial for the purposes of this section whether the further offence is to be
committed on the same occasion as the unauthorised access offence or on any future
occasion.
(4) A person may be guilty of an offence under this section even though the facts are such
that the commission of the further offence is impossible.
[F5(5) 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
[F612] months or to a fine not exceeding the statutory maximum or to both;