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Police and Justice Act 2006
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- 2006 c. 48
- Part 5
- Computer misuse
- Section 36
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- s. 36(2)(b) word inserted by 2007 c. 27 s. 61(3)(a)(i)
- s. 36(2)(d) and word repealed by 2007 c. 27 s. 61(3)(a)(ii) Sch. 14
- s. 36(3) words substituted by 2007 c. 27 s. 61(3)(b)
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- S.I. 2006/3364 art. 2 commences (2006 c. 48)
- S.I. 2007/29 art. 2 amendment to earlier commencing SI 2006/3364
- S.I. 2007/709 art. 2-4 commences (2006 c. 48)
- S.I. 2007/1614 art. 2 3 commences (2006 c. 48)
- S.I. 2007/2052 art. 2 commences (2006 c. 48)
- S.I. 2007/2754 art. 2 commences (2006 c. 48)
- S.I. 2007/3073 art. 2 commences (2006 c. 48)
- S.I. 2007/3203 art. 2 3 commences (2006 c. 48)
- S.I. 2007/3251 art. 2 commences (2006 c. 48)
- S.I. 2008/311 art. 2 commences (2006 c. 48)
- S.I. 2008/790 art. 2 3 commences (2006 c. 48)
- S.I. 2008/2503 art. 2 3 commences (2006 c. 48)
- S.I. 2008/2785 art. 2 3 commences (2006 c. 48)
- S.I. 2009/936 art. 2 commences (2006 c. 48)
- S.I. 2009/1679 art. 2 commences (2006 c. 48)
- S.I. 2009/2540 art. 2-4 commences (2006 c. 48)
- S.I. 2009/2774 art. 2 3 commences (2006 c. 48)
- S.I. 2010/414 art. 2 commences (2006 c. 48)
- S.I. 2011/2144 art. 2 commences (2006 c. 48)
- S.S.I. 2007/434 art. 2 commences (2006 c. 48)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2008/172 art. 2-9 commences (2007 c. 28)
- S.I. 2008/591 art. 2(d) commences (2007 c. 28)
- S.I. 2008/617 art. 2 amendment to earlier commencing SI 2006/3364
- S.I. 2008/755 art. 2 15-18 commences (2007 c. 27)
- S.I. 2008/917 art. 2-5 commences (2007 c. 28)
- S.I. 2008/1586 art. 2 Sch. 1 commences (2008 c. 4)
- S.I. 2008/1900 art. 2 commences (2007 c. 12)
- S.I. 2008/2504 art. 2 commences (2007 c. 27)
- S.I. 2008/3110 art. 2-6 commences (2007 c. 28)
- S.I. 2009/860 art. 2 commences (2008 c. 4)
- S.I. 2009/959 art. 2 commences (2007 c. 28)
- S.I. 2009/2539 art. 2 commences (2007 c. 28)
- S.I. 2010/2703 art. 2 commences (2010 c. 25)
- S.I. 2011/3019 art. 3 Sch. 1 commences (2011 c. 13)
- S.I. 2012/628 art. 2(c) commences (2011 c. 20)
- S.I. 2012/1008 art. 2-6 commences (2011 c. 20)
36Unauthorised acts with intent to impair operation of computer, etcE+W
This section has no associated Explanatory Notes
For section 3 of the 1990 Act (unauthorised modification of computer material) there is substituted—
“3Unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer, etc.
(1)A person is guilty of an offence if—
(a)he does any unauthorised act in relation to a computer;
(b)at the time when he does the act he knows that it is unauthorised; and
(c)either subsection (2) or subsection (3) below applies.
(2)This subsection applies if the person intends by doing the act—
(a)to impair the operation of any computer;
(b)to prevent or hinder access to any program or data held in any computer;
(c)to impair the operation of any such program or the reliability of any such data; or
(d)to enable any of the things mentioned in paragraphs (a) to (c) above to be done.
(3)This subsection applies if the person is reckless as to whether the act will do any of the things mentioned in paragraphs (a) to (d) of subsection (2) above.
(4)The intention referred to in subsection (2) above, or the recklessness referred to in subsection (3) above, need not relate to—
(a)any particular computer;
(b)any particular program or data; or
(c)a program or data of any particular kind.
(5)In this section—
(a)a reference to doing an act includes a reference to causing an act to be done;
(b)“act” includes a series of acts;
(c)a reference to impairing, preventing or hindering something includes a reference to doing so temporarily.
(6)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 ten years or to a fine or to both.”
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