Page:Computer Misuse Act 1990.pdf/5

Rh (5) It is immaterial for the purposes of this section whether an unauthorised modification or any intended effect of it of a kind mentioned in subsection (2) above is, or is intended to be, permanent or merely temporary.

(6) For the purposes of the Criminal Damage Act 1971 a modification of the contents of a computer shall not be regarded as damaging any computer or computer storage medium unless its effect on that computer or computer storage medium impairs its physical condition.

(7) A person guilty of an offence under this section shall be liable—
 * (a) on summary conviction, to imprisonment for a term not exceeding six months or to a ﬁne not exceeding the statutory maximum or to both; and
 * (b) on conviction on indictment, to imprisonment for a term not exceeding ﬁve years or to a ﬁne or to both.

Jurisdiction

4.—(1) Except as provided below in this section, it is immaterial for the purposes of any offence under section 1 or 3 above—
 * (a) whether any act or other event proof of which is required for conviction of the offence occurred in the home country concerned; or
 * (b) whether the accused was in the home country concerned at the time of any such act or event.

(2) Subject to subsection (3) below, in the case of such an offence at least one significant link with domestic jurisdiction must exist in the circumstances of the case for the offence to be committed.

(3) There is no need for any such link to exist for the commission of an offence under section 1 above to be established in proof of an allegation to that effect in proceedings for an offence under section 2 above.

(4) Subject to section 8 below, where—
 * (a) any such link does in fact exist in the case of an offence under section 1 above; and
 * (b) commission of that offence is alleged in proceedings for an offence under section 2 above;

section 2 above shall apply as if anything the accused intended to do or facilitate in any place outside the home country concerned which would be an offence to which section 2 applies if it took place in the home country concerned were the offence in question.

(5) This section is without prejudice to any jurisdiction exercisable by a court in Scotland apart from this section.

(6) References in this Act to the home country concerned are references—
 * (a) in the application of this Act to England and Wales, to England and Wales;
 * (b) in the application of this Act to Scotland, to Scotland; and
 * (c) in the application of this Act to Northern Ireland, to Northern Ireland.