- Latest available (Revised)
- Original (As enacted)
The version on screen is currently in force, but there is a version available (prospective version) to show how it could change.
The prospective version will remain prospective until a date is appointed by an appropriate person or body to bring those changes into force.
To see the prospective version, use the Show Timeline of Changes feature under ‘Advanced Features’.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring changes and effects in the prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Computer Misuse Act 1990. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(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 personwho 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 M1Magistrates’ 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.
[F1(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 six months or to a fine not exceeding the statutory maximum or to both;
(c)on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both.F1]
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Click 'View More' or select 'More Resources' tab for additional information including: