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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 3 May 2015 - onwards
Version 2 of 2

43. Territorial scope of computer misuse offence

(1) The Computer Misuse Act 1990 is amended as follows.

(2) In section 4 (territorial scope of offences), in subsection (1), for "section 1 or 3" substitute "section 1, 3 or 3ZA".

(3) After subsection (4) of that section insert -

"(4A) It 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."

(4) In section 5 (significant links with domestic jurisdiction), after subsection (1) insert -

"(1A) In 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 -

(a) the accused was a United Kingdom national at that time; and

(b) the act constituted an offence under the law of the country in which it occurred.

(1B) In subsection (1A) -

"country" includes territory;

"United Kingdom national" means an individual who is -

(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;