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
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Marginal Citations
M3
1981 c. 47.
9
British citizenship immaterial.
(1) [F41Except as provided by section 5(1A),]In any proceedings brought in England and
Wales in respect of any offence to which this section applies it is immaterial to guilt
whether or not the accused was a British citizen at the time of any act, omission or
other event proof of which is required for conviction of the offence.
(2) This section applies to the following offences—
(a) any [F42offence under [F43this Act]] ;
F44
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) any attempt to commit an offence under [F45this Act]; and
(d) F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F41
F42
F43
F44
F45
F46
Words in s. 9(1) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 11(2); S.I.
2015/820, reg. 2(r)(iii)
Words in s. 9(2)(a) substituted (1.10.2008) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14
para. 22; S.I. 2008/2503, art. 2
Words in s. 9(2)(a) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para.
11(3); S.I. 2015/820, reg. 2(r)(iii)
S. 9(2)(b) repealed (4.9.1998) by 1998 c. 40, s. 9(1)(2), Sch. 1 Pt. II para. 6(2), Sch. 2 Pt. II (with s.
9(3))
Words in s. 9(2)(c) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para.
11(4); S.I. 2015/820, reg. 2(r)(iii)
S. 9(2)(d) repealed (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(1)(2), 92, 94, Sch. 6 para.
59(5), Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2
Miscellaneous and general
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[F47Savings]
[F48Sections 1 to 3A have] effect without prejudice to the operation—
(a) in England and Wales of any enactment relating to powers of inspection,
search or seizure[F49or of any other enactment by virtue of which the
conduct in question is authorised or required]; and
(b) in Scotland of any enactment or rule of law relating to powers of
examination, search or seizure[F50or of any other enactment or rule of law
by virtue of which the conduct in question is authorised or required]
[F51and nothing designed to indicate a withholding of consent to access to any
program or data from persons as enforcement officers shall have effect to make
access unauthorised for the purposes of [F52any of those sections].
[F53In this section—
“ enactment ” means any enactment, whenever passed or made, contained in—
(a) an Act of Parliament;