http://www.legislation.gov.uk/ukpga/2015/9/part/2Serious Crime Act 2015An Act to amend the Proceeds of Crime Act 2002, the Computer Misuse Act 1990, Part 4 of the Policing and Crime Act 2009, section 1 of the Children and Young Persons Act 1933, the Sexual Offences Act 2003, the Street Offences Act 1959, the Female Genital Mutilation Act 2003, the Prohibition of Female Genital Mutilation (Scotland) Act 2005, the Prison Act 1952 and the Terrorism Act 2006; to make provision about involvement in organised crime groups and about serious crime prevention orders; to make provision for the seizure and forfeiture of drug-cutting agents; to make it an offence to possess an item that contains advice or guidance about committing sexual offences against children; to create an offence in relation to controlling or coercive behaviour in intimate or family relationships; to make provision for the prevention or restriction of the use of communication devices by persons detained in custodial institutions; to make provision approving for the purposes of section 8 of the European Union Act 2011 certain draft decisions under Article 352 of the Treaty on the Functioning of the European Union relating to serious crime; to make provision about codes of practice that relate to the exercise and performance, in connection with the prevention or detection of serious crime, of powers and duties in relation to communications; and for connected purposes.texttext/xmlenStatute Law Database2024-05-18Expert Participation2023-04-05 PART 2 411The Computer Misuse Act 1990 is amended as follows.2After section 3 insert—3ZA1A person is guilty of an offence if—athe person does any unauthorised act in relation to a computer;bat the time of doing the act the person knows that it is unauthorised;cthe act causes, or creates a significant risk of, serious damage of a material kind; anddthe person intends by doing the act to cause serious damage of a material kind or is reckless as to whether such damage is caused.2Damage is of a “material kind” for the purposes of this section if it is—adamage to human welfare in any place;bdamage to the environment of any place;cdamage to the economy of any country; orddamage to the national security of any country.3For the purposes of subsection (2)(a) an act causes damage to human welfare only if it causes—aloss to human life;bhuman illness or injury;cdisruption of a supply of money, food, water, energy or fuel;ddisruption of a system of communication;edisruption of facilities for transport; orfdisruption of services relating to health.4It is immaterial for the purposes of subsection (2) whether or not an act causing damage—adoes so directly;bis the only or main cause of the damage.5In this section—aa reference to doing an act includes a reference to causing an act to be done;b“act” includes a series of acts;ca reference to a country includes a reference to a territory, and to any place in, or part or region of, a country or territory.6A person guilty of an offence under this section is (unless subsection (7) applies) liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years, or to a fine, or to both.7Where an offence under this section is committed as a result of an act causing or creating a significant risk of—aserious damage to human welfare of the kind mentioned in subsection (3)(a) or (3)(b), orbserious damage to national security,a person guilty of the offence is liable, on conviction on indictment, to imprisonment for life, or to a fine, or to both.3In section 3A (making, supplying or obtaining articles for use in offences under section 1 or 3), in subsections (1), (2) and (3), for “section 1 or 3” substitute “ section 1, 3 or 3ZA ”.42In section 3A of the Computer Misuse Act 1990 (making, supplying or obtaining articles for use in offence under section 1 or 3), in subsection (3), for “article with a view to” substitutearticle— aintending to use it to commit, or to assist in the commission of, an offence under section 1, 3 or 3ZA, orbwith a view to.431The Computer Misuse Act 1990 is amended as follows.2In section 4 (territorial scope of offences), in subsection (1), for “section 1 or 3” substitute “ section 1, 3 or 3ZA ”.3After subsection (4) of that section insert—4AIt 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.4In section 5 (significant links with domestic jurisdiction), after subsection (1) insert—1AIn relation to an offence under section 1, 3, 3ZA or 3A, where the accused was in a country outside the United Kingdom at the time of the act constituting the offence there is a significant link with domestic jurisdiction if—athe accused was a United Kingdom national at that time; andbthe act constituted an offence under the law of the country in which it occurred.1BIn subsection (1A)—“country” includes territory;“United Kingdom national” means an individual who is—a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;a person who under the British Nationality Act 1981 is a British subject; ora British protected person within the meaning of that Act.5After subsection (3) of that section insert—3AIn relation to an offence under section 3ZA, any of the following is also a significant link with domestic jurisdiction—athat the accused was in the home country concerned at the time when he did the unauthorised act (or caused it to be done);bthat the unauthorised act was done in relation to a computer in the home country concerned;cthat 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.6In section 13 (proceedings in Scotland), after subsection (2) insert—2AA sheriff shall have jurisdiction in respect of an offence under section 3ZA above if—athe accused was in the sheriffdom at the time when he did the unauthorised act (or caused it to be done), orbthe computer in relation to which the unauthorised act was done was in the sheriffdom at that time.2BA sheriff shall have jurisdiction in respect of an offence under section 3A above if—athe accused was in the sheriffdom at the time when—ihe made, adapted, supplied or offered to supply the article intending it to be used as mentioned in subsection (1) of that section,iihe supplied or offered to supply the article believing that it would be used as mentioned in subsection (2) of that section, oriiihe obtained the article intending to use it, or with a view to its being supplied for use, as mentioned in subsection (3) of that section; orbthe offence related to the commission of an offence under section 1, 3 or 3ZA above (in the way described in subsections (1) to (3) of section 3A above) and any computer as mentioned in subsection (1)(b), (2)(b) or (2A)(b) of this section was in the sheriffdom at the time the accused carried out the act constituting the offence under section 3A above.7After subsection (10) of that section insert—10AWhere an offence under section 1, 3, 3ZA or 3A above is committed outside Scotland, the person committing the offence may be prosecuted, tried and punished for the offence—ain any sheriff court district in Scotland in which the person is apprehended or is in custody, orbin such sheriff court district as the Lord Advocate may direct,as if the offence had been committed in that district; and the offence is, for all purposes incidental to or consequential on the trial or punishment, deemed to have been committed in that district.441The Computer Misuse Act 1990 is amended as follows.2In section 10 (saving for certain law enforcement powers)—afor “Section 1(1) above has” substitute “ Sections 1 to 3A have ”;bin paragraph (a), after “seizure” insert “ or of any other enactment by virtue of which the conduct in question is authorised or required ”;cin paragraph (b), after “seizure” insert “ or of any other enactment or rule of law by virtue of which the conduct in question is authorised or required ”;dfor “the said section 1(1)” substitute “ any of those sections ”;efor “In this section “enforcement officer” means” substitute—In this section—“enactment” means any enactment, whenever passed or made, contained in—an Act of Parliament;an Act of the Scottish Parliament;a Measure or Act of the National Assembly for Wales;an instrument made under any such Act or Measure;any other subordinate legislation (within the meaning of the Interpretation Act 1978);“enforcement officer” means.3In section 16 (application to Northern Ireland), after subsection (9) insert—9AIn section 10 the definition of “enactment” shall be read as including a reference to an enactment, whenever passed or made, contained in Northern Ireland legislation or in an instrument made under such legislation.S. 44 in force at 3.5.2015 by S.I. 2015/820, reg. 2(d)S. 42 in force at 3.5.2015 by S.I. 2015/820, reg. 2(b)S. 41 in force at 3.5.2015 by S.I. 2015/820, reg. 2(a)S. 43 in force at 3.5.2015 by S.I. 2015/820, reg. 2(c)