Page:Computer Misuse Act 1990.pdf/6

4c. 18 5.—(1) The following provisions of this section apply for the interpretation of section 4 above.

(2) In relation to an offence under section 1, either of the following is a significant link with domestic jurisdiction—
 * (a) that the accused was in the home country concerned at the time when he did the act which caused the computer to perform the function; or
 * (b) that any computer containing any program or data to which the accused secured or intended to secure unauthorised access by doing that act was in the home country concerned at that time.

(3) In relation to an offence under section 3, either of the following is a significant link with domestic jurisdiction—
 * (a) that the accused was in the home country concerned at the time when he did the act which caused the unauthorised modiﬁcation; or
 * (b) that the unauthorised modiﬁcation took place in the home country concerned.

6.—(1) On a charge of conspiracy to commit an offence under this Act the following questions are immaterial to the accused’s guilt—
 * (a) the question where any person became a party to the conspiracy; and
 * (b) the question whether any act, omission or other event occurred in the home country concerned.

(2) On a charge of attempting to commit an offence under section 3 above the following questions are immaterial to the accused’s guilt—
 * (a) the question where the attempt was made; and
 * (b) the question whether it had an effect in the home country concerned.

(3) On a charge of incitement to commit an offence under this Act the question where the incitement took place is immaterial to the accused’s guilt.

(4) This section does not extend to Scotland.

7.—(1) The following subsections shall be inserted after subsection (1) of section 1 of the Criminal Law Act 1977—
 * “(1A) Subject to section 8 of the Computer Misuse Act 1990 (relevance of external law), if this subsection applies to an agreement, this Part of this Act has effect in relation to it as it has effect in relation to an agreement falling within subsection (1) above.
 * (1B) Subsection (1A) above applies to an agreement if—
 * (a) a party to it, or a party’s agent, did anything in England and Wales in relation to it before its formation; or
 * (b) a party to it became a party in England and Wales (by joining it either in person or through an agent); or