Unauthorised Access to Computer Material (Section 1 Computer Misuse Act 1990)

Unauthorised Access to Computer Material is an offence under s.1 Computer Misuse Act 1990. A person is guilty of an offence if he causes a computer to perform any function with intent to secure access to any program or data held in any computer, or to enable any such access to be secured, the access he intends to secure or to enable to be secured is unauthorised, and he knows at the time when he causes the computer to perform the function that that is the case (s.1(1)). The intent need not be directed at any particular program or data, a program or data of any particular kind, or a program or data held in any particular computer (s.1(2)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding two years or a fine or both; on summary conviction in England and Wales, imprisonment for a term not exceeding the general limit in a magistrates' court (12 months for an offence triable either way, Sentencing Act 2020 s.224(1A)(b)) or a fine not exceeding the statutory maximum or both (s.1(3)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. Digital evidence must be handled in accordance with ACPO Good Practice Guide for Digital Evidence. Devices should be seized and examined by trained digital forensic investigators. Officers should consider referral to the National Cyber Crime Unit (part of NCA) or a Regional Organised Crime Unit (ROCU) cyber team for serious cases. Preserve network logs, IP addresses, and access records. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).