6 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 Textual Amendments F13 F14 F15 F16 F17 F18 F19 S. 3A inserted (1.10.2007 for S. and 1.10.2008 otherwise) by Police and Justice Act 2006 (c. 48), ss. 37, 53 (with s. 38(5)(6)); S.S.I. 2007/434, art. 2; S.I. 2008/2503, art. 2(a) Words in s. 3A heading substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 8; S.I. 2015/820, reg. 2(r)(iii) Words in s. 3A(1) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 41(3), 88(1); S.I. 2015/820, reg. 2(a) Words in s. 3A(2) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 41(3), 88(1); S.I. 2015/820, reg. 2(a) Words in s. 3A(3) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 42, 88(1) (with s. 86(5)); S.I. 2015/820, reg. 2(b) Words in s. 3A(3) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 41(3), 88(1); S.I. 2015/820, reg. 2(a) Word in s. 3A(5)(b) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 7(d); S.I. 2015/820, reg. 2(r)(iii) Jurisdiction 4 Territorial scope of [F20 offences under [F21this Act]]. (1) Except as provided below in this section, it is immaterial for the purposes of any offence under [F22section 1, 3 or 3ZA] above— (a) whether any act or other event proof of which is required for conviction of the offence occurred in the home country concerned; or (b) whether the accused was in the home country concerned at the time of any such act or event. (2) Subject to subsection (3) below, in the case of such an offence at least one significant link with domestic jurisdiction must exist in the circumstances of the case for the offence to be committed. (3) There is no need for any such link to exist for the commission of an offence under section 1 above to be established in proof of an allegation to that effect in proceedings for an offence under section 2 above. (4) Subject to section 8 below, where— (a) any such link does in fact exist in the case of an offence under section 1 above; and (b) commission of that offence is alleged in proceedings for an offence under section 2 above; section 2 above shall apply as if anything the accused intended to do or facilitate in any place outside the home country concerned which would be an offence to which section 2 applies if it took place in the home country concerned were the offence in question. [F23(4A) It is immaterial for the purposes of an offence under section 3A whether the accused was in the home country concerned at the time of any act or other event proof of which is required for conviction of the offence if there is a significant link with domestic jurisdiction in relation to the offence.]