Unauthorised Access with Intent to Commit or Facilitate Further Offences (Section 2 Computer Misuse Act 1990)

Unauthorised Access with Intent to Commit or Facilitate Further Offences is an offence under s.2 Computer Misuse Act 1990. A person is guilty of the offence if he commits an offence under s.1 (the unauthorised access offence) with intent to commit an offence to which s.2 applies, or to facilitate the commission of such an offence, whether by himself or by any other person (s.2(1)). The section applies to offences for which the sentence is fixed by law, or for which a person who has attained the age of 18 (in England and Wales) and has no previous convictions may be sentenced to imprisonment for a term of five years (s.2(2)). It is immaterial whether the further offence is to be committed on the same occasion as the unauthorised access offence or on any future occasion (s.2(3)), and a person may be guilty even though the facts are such that the commission of the further offence is impossible (s.2(4)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding five 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.2(5)).

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. This is a more serious form of the s.1 offence and requires proof of intent to commit or facilitate a further offence. Digital forensic examination of seized devices is essential. Consider referral to the National Cyber Crime Unit (NCA) or Regional Organised Crime Unit (ROCU) cyber team. Preserve all digital evidence: network logs, IP data, communications. 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).