Cybercrime Offences

What happens if you are investigated for a cybercrime?

Following an interview by police in connection with a suspected cybercrime offence, you may be:

• Released with no further action
• Released under investigation
• Charged with a specific offence

If you are charged with a cybercrime offence:

• A hearing date will be set
• You will either be:
  • Released on bail
  • Kept in custody until your court hearing

If you are released under investigation or with no further action, it is important to realise that you can be rearrested or summonsed to attend a court hearing at any time.

Should you be charged with a specific cybercrime offence, you will either be taken directly from the police station to a court, or you will be bailed to attend a court hearing at a future date.

If you are brought straight to court, subject to funding, we will arrange specialist legal advice for you, making sure you have the very best representation for your hearing.

In the event that you are bailed to attend a future hearing, we will support you proactively. Effective early stage representation can often allow you to avoid drawn out legal proceedings and reduce the charges or any penalties you are facing.

We can engage specialist consultation estimated from between £500 plus VAT - £1000 plus VAT for an initial meeting.

Common cybercrime offences

Hacking

Computer hacking can amount to an offence under one or more of pieces of legislation; the most common being the Computer Misuse Act 1990 and Serious Crime Act 2015. Relevant offences include:

• Unauthorised access to computer material
• Unauthorised access to computer material with intent to commit an offence such as theft, fraud or criminal damage
• Unauthorised acts with intent to impair, or being recklessness as to the risk of impairing, the operation of a computer e.g. digital denial of service (DDoS) attacks

Hacking offences can also be prosecuted under the Terrorism Act 2000 in cases where there is an intent to influence the government, intimidate the public or sections of the public, or advance a political, religious or ideological cause.

Penalties for hacking offences – The penalties can range from two years’ imprisonment and/or a fine, up to life imprisonment and/or a fine depending on the seriousness of the offence.

Malware

Distributing malware such as computer viruses, spyware and ransomware may be prosecuted under the Computer Misuse Act and may also involve offences under other legislation, such as the Fraud Act 2006 and the Data Protection Act 2018, depending on the intention of the person distributing the malware.

Penalties for malware offences – This will depend on the exact offence committed. Using malware to gain unauthorised access to computer material with intent to commit or facilitate commission of further offences can attract a sentence of up to 5 years’ imprisonment and/or a fine.

Online fraud

Committing fraud via the internet is a crime under the Fraud Act 2006 and may involve other offences under legislation including the Theft Act 1968, the Theft Act 1978 and the Proceeds of Crime Act 2002.

Penalties for online fraud – Up to 10 years’ imprisonment and/or an unlimited fine with the value of any fine calculated based on the harm caused.

Online piracy & intellectual property infringement

There are various types of online intellectual property crime with which you could potentially be charged, including:

• Piracy (breach of copyright) e.g. distributing copies of music, films etc. without permission from the IP rights holder
• Counterfeiting goods (trademark infringement) e.g. selling any type of product online that is intended to appear as if it is made by a manufacturer whose brand is protected by a trademark
• Forgery e.g. selling or otherwise distributing false objects or documents with the intent to have someone else accept them as genuine

Penalties for online piracy & IP infringement offences – Up to 10 years’ imprisonment and/or a fine.

Selling illegal goods online

A wide range of illegal items are sold online, including drugs, firearms, stolen credit card details and tools for committing other cyber offences. Taking part in selling illegal items online could lead to charges under a variety of pieces of legislation, including the Fraud Act 2006, the Misuse of Drugs Act 1971 and the Firearms Act 1968.

Penalties for selling illegal goods online – This will depend on the exact nature of the offence or offences committed, for example the supply of class A drugs carries the potential for life imprisonment and/or an unlimited fine.

Malicious and offensive communications

Sending messages or other content by social media, email and other online forms of communication could be an offence if the messages fall into one of the following categories:

• Making a credible threat of violence or damage to property
• Specifically targeting an individual or individuals for harassment, stalking, controlling or coercive behaviour
• Disclosing private sexual images without consent
• Breaching a court order or a statutory provision
• Content which is grossly offensive, indecent, obscene or false

Such offences can potentially be prosecuted under the Malicious Communications Act 1988 or under section 127 of the Communications Act 2003.

Penalties for malicious and offensive communications offences – Up to 6 months imprisonment for offences under the Communications Act and up to 2 years’ imprisonment and/or a fine under the Malicious Communications Act.

Child pornography

Making, distributing and possessing child pornography is illegal under the Protection of Children Act 1978 and the Criminal Justice Act 1988. A conviction could result in a prison sentence and being placed on the Violent and Sex Offender Register.

Penalties for child pornography offences – Up to 5 years’ imprisonment for possession of child pornography and up to 10 years’ imprisonment for offences involving the production and distribution of child pornography.

Extreme pornography and obscene publications

The possession of extreme pornography is an offence under the Criminal Justice and Immigration Act 2008. This includes pornography that depicts acts that threaten a person’s life, result in or are likely to result in serious injury to a person’s anus, breasts or genitals, bestiality and necrophilia.

Penalties for extreme pornography and obscene publications – Up to 3 years’ imprisonment.

Cyberterrorism

If an online offence is committed with the intent to influence the government, intimidate the public or sections of the public, or advance a political, religious or ideological cause it could be classed as cyberterrorism.

Terrorism offences are dealt with under the Terrorism Act 2000 and require particularly careful handling as the process for prosecuting these offences is different than for standard criminal offences.

Penalties for cyberterrorism – Depending on the severity of the offence, the potential sentence on conviction can be up to life imprisonment.

Pre-charge bail

If you are interviewed by the police for committing a suspected cybercrime offence, you may be released on pre-charge bail. This is often just simply referred to as being released on bail.

While on pre-charge bail, you are likely to be subject to certain bail conditions. Such conditions could restrict where you are able to go or place requirements on you to attend the police station on a certain day.

To find out more in relation to pre-charge bail, please use the links provided below:

• Pre-charge bail and Released Under Investigation (RUI)
• On Bail But Not Charged - What Does It Mean?
• How long can you be on bail without charge UK?

Fees and funding

It is important to us that we are clear on funding options and that you understand what you may be expected to pay for cybercrime legal advice.

In some cases, legal aid public funding will be available. This availability will be based on the seriousness of the case justifying the grant of public funding.

For clients who do not qualify for legal aid public funding, the alternative option will be to fund their case privately.

To find out more about the way we handle fees (both legal aid public funding and private fees), please use the links provided below:

• Our Fees – Crime Cases
• Do I Qualify for Criminal Legal Aid?
• Bespoke Crime Private Fee Service
• Will Your Private Legal Costs Increase?
• Do We Offer Free Consultations?

Related offences

Please note that our expert solicitors also provide advice and support with various related offences, including:

• Serious fraud
• Computer Misuse Act
• Revenge porn
• Indecent images
• Cyber and social media offences
• KIK investigations
• Terrorism

Common questions about cybercrime offences

What is cybercrime?

Cybercrime is an umbrella term used to describe two types of criminal activities. These are defined by the Government’s National Cyber Security Strategy as:

• Cyber-dependent crimes; and
• Cyber-enabled crimes

A cyber-dependent crime is one which can only be committed through the use of Information and Communications Technology (‘ICT’) devices (e.g. hacking, malware).

A cyber-enabled crime describes a ‘traditional’ crime which is increased in scale by the use of computers (e.g. fraud or data theft).

What evidence is used for cybercrime?

Valuable evidence can be sourced from computer systems and their components, including hardware and software, together with any items stored on the computer itself. These can include:

• Documents
• Photos
• Image files
• Photographs
• Emails and attachments
• Databases
• Financial information
• Internet browsing history
• Chat logs
• Event logs

These forms of evidence could all potentially be used by the prosecution during a cybercrime investigation.

Can the police seize your computer?

There are several pieces of legislation which allow the police to seize personal property, including Section 19 of the Police and Criminal Evidence Act (PACE) and Section 352 of the Proceeds of Crime Act 2002 (POCA).

This means that in certain situations, the police will have the authority to seize your computer if they believe it is relevant to the case they are investigating.

For more information, please read our comprehensive guide on police powers of seizure.

What are the sentencing guidelines for cybercrimes?

Cybercrime penalties and the corresponding sentencing guidelines can vary significantly depending on the exact offence the police are investigating. For instance, sentencing guidelines for an offence such as cyberterrorism are much stricter than for malicious and offensive communications.

Contact our internet crime solicitors today

For a free initial consultation, urgent specialist advice, immediate representation at the police station or to speak to us confidentially about an arrest or charges related to a cybercrime offence, please do not hesitate to get in touch.

You can contact our dedicated criminal defence lawyers for cybercrime legal advice in London, Birmingham, and Manchester by telephone on:

• Brent & Camden London Office: 020 7624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333
• City of London: 0207 624 7771 (our senior Solicitors and Partners can meet by appointment in the City)

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.

24/7 legal representation for cybercrime offences

For immediate representation and advice, you can contact our Emergency Number: 07836 577 556, and we will provide you with the urgent assistance you need.