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Computer Misuse Act 1990

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13 Proceedings in Scotland.S

(1)A sheriff shall have jurisdiction in respect of an offence under section 1 or 2 above if—

(a)the accused was in the sheriffdom at the time when he did the act which caused the computer to perform the function; or

[F1(b)any computer containing any program or data to which the accused by doing that act secured or intended to secure unauthorised access, or enabled or intended to enable unauthorised access to be secured, was in the sheriffdom at that time.]

F1(2)A sheriff shall have jurisdiction in respect of an offence under section 3 above if—

(a)the accused was in the sheriffdom at the time when [F2he did the unauthorised act (or caused it to be done)]F2 ; or

[F3(b)the unauthorised act was done in relation to a computer in the sheriffdom.]

F3(3)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In proceedings in which a person is charged with an offence under section 2 or 3 above and is found not guilty or is acquitted of that charge, he may be found guilty of an offence under section 1 above if on the facts shown he could have been found guilty of that offence in proceedings for that offence F5... .

(9)Subsection (8) above shall apply whether or not an offence under section 1 above has been libelled in the complaint or indictment.

(10)A person found guilty of an offence under section 1 above by virtue of subsection (8) above shall be liable, in respect of that offence, only to the penalties set out in section 1.

(11)This section extends to Scotland only.

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