Page:Computer Misuse Act 1990.pdf/9

Rh :(c) any attempt to commit an offence under section 3 above; and
 * (d) incitement to commit an offence under this Act.

Miscellaneous and general

10. Section 1(1) above has effect without prejudice to the operation—
 * (a) in England and Wales of any enactment relating to powers of inspection, search or seizure; and
 * (b) in Scotland of any enactment or rule of law relating to powers of examination, search or seizure.

11.—(1) A magistrates’ court shall have jurisdiction to try an offence under section 1 above if—
 * (a) the accused was within its commission area at the time when he did the act which caused the computer to perform the function; or
 * (b) any computer containing any program or data to which the accused secured or intended to secure unauthorised access by doing that act was in its commission area at that time.

(2) Subject to subsection (3) below, proceedings for an offence under section 1 above may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.

(3) No such proceedings shall be brought by virtue of this section more than three years after the commission of the offence.

(4) For the purposes of this section, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.

(5) A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

(6) In this section “commission area” has the same meaning as in the Justices of the Peace Act 1979.

(7) This section does not extend to Scotland.

12.—(1) If on the trial on indictment of a person charged with—
 * (a) an offence under section 2 above; or
 * (b) an offence under section 3 above or any attempt to commit such an offence;

the jury ﬁnd him not guilty of the offence charged, they may ﬁnd him guilty of an offence under section 1 above if on the facts shown he could have been found guilty of that offence in proceedings for that offence brought before the expiry of any time limit under section 11 above applicable to such proceedings.

(2) The Crown Court shall have the same powers and duties in relation to a person who is by virtue of this section convicted before it of an offence under section 1 above as a magistrates’ court would have on convicting him of the offence.