New hi-tech crime legislation

By Esther George, CPS, Policy Advisor.

The following new and impending hi-tech crime legislation is discussed as follows:

• Amendments to the Computer Misuse Act 1990, contained in the Police and Criminal Justice Bill currently before parliament.
• Forfeiture proposals for indecent images of children, Police and Criminal Justice Bill.
• Sections 2, 6, 7 and 11 of the Fraud Bill.
• Encouragement of terrorism and dissemination of terrorism publications, The Terrorism Act 2006.

Computer misuse

The Police and Criminal Justice Bill

Section 39 of the Police and Criminal Justice Bill increases the penalty for section 1 Computer Misuse Act 1990 (CMA). Unauthorised access offence has been increased on summary conviction to a maximum of 12 months imprisonment or / and fine and on indictment to a maximum of 2 years imprisonment or / and fine. At present the maximum penalty is 6 months imprisonment, and in Scotland the maximum penalty will be 6 months imprisonment.

Section 3 Computer Misuse Act (CMA)

Section 40 of the Police and Criminal Justice Bill substitutes a new section for Section 3 CMA. The new section covers denial of service attacks and mail bomb attacks as in the case of Director of Public Prosecutions v Lennon (see pages 49-50)

Section 3A CMA

Section 41 of the Police and Criminal Justice Bill Section 3A CMA protects those who develop or supply tools for legitimate use and criminalises those who deliberately or recklessly develop or supply them for criminal use. The penalty on summary conviction is a maximum of 12 months imprisonment or / and fine and on indictment to a maximum of 2 years imprisonment or / and fine.