8
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
(3) In relation to an offence under section 3, either of the following is a significant link
with domestic jurisdiction—
(a) that the accused was in the home country concerned at the time when [F26he
did the unauthorised act (or caused it to be done)] ; or
[F27(b) that the unauthorised act was done in relation to a computer in the home
country concerned.]
[F28(3A) In relation to an offence under section 3ZA, any of the following is also a significant
link with domestic jurisdiction—
(a) that the accused was in the home country concerned at the time when he did
the unauthorised act (or caused it to be done);
(b) that the unauthorised act was done in relation to a computer in the home
country concerned;
(c) that the unauthorised act caused, or created a significant risk of, serious
damage of a material kind (within the meaning of that section) in the home
country concerned.]
Textual Amendments
F24
F25
F26
F27
F28
6
S. 5(1A)(1B) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 43(4), 88(1) (with s. 86(10));
S.I. 2015/820, reg. 2(c)
S. 5(2)(b) (as second appearing) substituted (S.) (1.10.2007) by Police and Justice Act 2006 (c. 48),
ss. 52, 53, Sch. 14 para. 19(2) (with s. 38(1)); S.S.I. 2007/434, art. 2 (the substituting provision being
repealed for E.W.N.I. (1.10.2008) by 2007 c. 27, ss. 61(5), 92, 94, Sch. 14 (with Sch. 13 para. 5); S.I.
2008/2504, art. 2(a))
Words in s. 5(3)(a) substituted (1.10.2007 for S. and 1.10.2008 otherwise) by Police and Justice Act
2006 (c. 48), ss. 52, 53, Sch. 14 para. 19(3)(a) (with s. 38(4)); S.S.I. 2007/434, art. 2; S.I. 2008/2503,
art. 2
S. 5(3)(b) substituted (1.10.2007 for S. and 1.10.2008 otherwise) by Police and Justice Act 2006
(c. 48), ss. 52, 53, Sch. 14 para. 19(3)(b) (with s. 38(4)); S.S.I. 2007/434, art. 2; S.I. 2008/2503, art.
2
S. 5(3A) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 43(5), 88(1) (with s. 86(10)); S.I.
2015/820, reg. 2(c)
Territorial scope of inchoate offences related to [F29 offences under [F30this Act]].
(1) On a charge of conspiracy to commit an [F31offence under [F32this Act]] the following
questions are immaterial to the accused’s guilt—
(a) the question where any person became a party to the conspiracy; and
(b) the question whether any act, omission or other event occurred in the home
country concerned.
(2) On a charge of attempting to commit an offence under [F33this Act] the following
questions are immaterial to the accused’s guilt—
(a) the question where the attempt was made; and
(b) the question whether it had an effect in the home country concerned.
(3) F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) This section does not extend to Scotland.