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COMPUTER MISUSE ACT 1990

UK Public General Acts

Version 03/05/2015

1990 CHAPTER 18

Default Geographical Extent: E+W+S+N.I.


  • Computer misuse offences
  • Jurisdiction
  • Miscellaneous and general
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  • Version 01/02/1991

Introductory Text

Computer Misuse Act 1990

1990 CHAPTER 18

An Act to make provision for securing computer material against unauthorised access or modification; and for connected purposes.

[29th June 1990]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Computer misuse offences


1 Unauthorised access to computer material.

(1) A person is guilty of an offence if—

(a) he causes a computer to perform any function with intent to secure access to any program or data held in any computer [F1 , or to enable any such access to be secured] ;
(b) the access he intends to secure [F2 , or to enable to be secured,] is unauthorised; and
(c) he knows at the time when he causes the computer to perform the function that that is the case.
(2) The intent a person has to have to commit an offence under this section need not be directed at—

(a) any particular program or data;
(b) a program or data of any particular kind; or
(c) a program or data held in any particular computer.
[F3 (3) A person guilty of an offence under this section shall be liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;
(b) on summary conviction in Scotland, to imprisonment for a term not exceeding [F4 12] months or to a fine not exceeding the statutory maximum or to both;
(c) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.]
Annotations:

Amendments (Textual)

F1 Words in s. 1(1)(a) inserted (S.) (1.10.2007) by Police and Justice Act 2006 (c. 48), ss. 35(2)(a), 53 (with s. 38(1)); S.S.I. 2007/434, art. 2 (the inserting provision being repealed for E.W.N.I. (1.10.2008) by 2007 c. 27, ss. 61(2), 92, 94, Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)(i)(viii))

F2 Words in s. 1(1)(b) inserted (S.) (1.10.2007) by Police and Justice Act 2006 (c. 48), ss. 35(2)(b), 53 (with s. 38(1)); S.S.I. 2007/434, art. 2 (the inserting provision being repealed for E.W.N.I. (1.10.2008) by 2007 c. 27, ss. 61(2), 92, 94, Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)(i)(viii))

F3 S. 1(3) substituted (1.10.2007 for S. and 1.10.2008 otherwise) by Police and Justice Act 2006 (c. 48), ss. 35(3), 53 (with s. 38(2)(6)); S.S.I. 2007/434, art. 2; S.I. 2008/2503, art. 2(a)

F4 Word in s. 1(3)(b) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 7(a); S.I. 2015/820, reg. 2(r)(iii)


2 Unauthorised access with intent to commit or facilitate commission of further offences.

(1) A person is guilty of an offence under this section if he commits an offence under section 1 above (“the unauthorised access offence”) with intent—

(a) to commit an offence to which this section applies; or
(b) to facilitate the commission of such an offence (whether by himself or by any other person) ;
and the offence he intends to commit or facilitate is referred to below in this section as the further offence.
(2) This section applies to offences—

(a) for which the sentence is fixed by law; or
(b) for which a person who has attained the age of twenty-one years (eighteen in relation to England and Wales) and has no previous convictions may be sentenced to imprisonment for a term of five years (or, in England and Wales, might be so sentenced but for the restrictions imposed by section 33 of the M1 Magistrates’ Courts Act 1980).
(3) It is immaterial for the purposes of this section whether the further offence is to be committed on the same occasion as the unauthorised access offence or on any future occasion.

(4) A person may be guilty of an offence under this section even though the facts are such that the commission of the further offence is impossible.

[F5 (5) A person guilty of an offence under this section shall be liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;
(b) on summary conviction in Scotland, to imprisonment for a term not exceeding [F6 12] months or to a fine not exceeding the statutory maximum or to both;
(c) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both.]
Annotations:

Amendments (Textual)

F5 S. 2(5) substituted (1.10.2007 for S. and 1.10.2008 otherwise) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 17 (with s. 38(6)); S.S.I. 2007/434, art. 2; S.I. 2008/2503, art. 2(c)

F6 Word in s. 2(5)(b) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 7(b); S.I. 2015/820, reg. 2(r)(iii)

Marginal Citations

M1 1980 c. 43.


[F7 3 Unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer, etc.

(1) A person is guilty of an offence if—

(a) he does any unauthorised act in relation to a computer;
(b) at the time when he does the act he knows that it is unauthorised; and
(c) either subsection (2) or subsection (3) below applies.
(2) This subsection applies if the person intends by doing the act—

(a) to impair the operation of any computer;
(b) to prevent or hinder access to any program or data held in any computer; [F8 or]
(c) to impair the operation of any such program or the reliability of any such data; [F9 or
(d) to enable any of the things mentioned in paragraphs (a) to (c) above to be done.] ]
(3) This subsection applies if the person is reckless as to whether the act will do any of the things mentioned in paragraphs (a) [F10 to (d) ] [F10 to (c) ] of subsection (2) above.

(4) The intention referred to in subsection (2) above, or the recklessness referred to in subsection (3) above, need not relate to—

(a) any particular computer;
(b) any particular program or data; or
(c) a program or data of any particular kind.
(5) In this section—

(a) a reference to doing an act includes a reference to causing an act to be done;
(b) “act” includes a series of acts;
(c) a reference to impairing, preventing or hindering something includes a reference to doing so temporarily.
(6) A person guilty of an offence under this section shall be liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;
(b) on summary conviction in Scotland, to imprisonment for a term not exceeding [F11 12] months or to a fine not exceeding the statutory maximum or to both;
(c) on conviction on indictment, to imprisonment for a term not exceeding ten years or to a fine or to both.
Annotations:

Amendments (Textual)

F7 S. 3 substituted (1.10.2007 for S. and 1.10.2008 otherwise) by Police and Justice Act 2006 (c. 48), ss. 36, 53 (with s. 38(3)(4)(6)); S.S.I. 2007/434, art. 2; S.I. 2008/2503, art. 2 (the substituting provision being amended for E.W.N.I. (1.10.2008) by 2007 c. 27, ss. 61(3), 94 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a))

F8 Word at the end of s. 3(2)(b) inserted (E.W.N.I.) (1.10.2008) by virtue of Serious Crime Act 2007 (c. 27), ss. 61(3)(a)(i), 94 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)

F9 S. 3(2)(d) and preceding word repealed (E.W.N.I.) (1.10.2008) by virtue of Serious Crime Act 2007 (c. 27), ss. 61(3)(a)(ii), 92, 94, Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)(i)(viii)

F10 S. 3(3): Words "to (c)" substituted for words "to (d)" (E.W.N.I.) (1.10.2008) by virtue of Serious Crime Act 2007 (c. 27), ss. 61(3)(b), 94 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)

F11 Word in s. 3(6)(b) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 7(c); S.I. 2015/820, reg. 2(r)(iii)


[F12 3ZA Unauthorised acts causing, or creating risk of, serious damage

(1) A person is guilty of an offence if—

(a) the person does any unauthorised act in relation to a computer;
(b) at the time of doing the act the person knows that it is unauthorised;
(c) the act causes, or creates a significant risk of, serious damage of a material kind; and
(d) the person intends by doing the act to cause serious damage of a material kind or is reckless as to whether such damage is caused.
(2) Damage is of a “material kind” for the purposes of this section if it is—

(a) damage to human welfare in any place;
(b) damage to the environment of any place;
(c) damage to the economy of any country; or
(d) damage to the national security of any country.
(3) For the purposes of subsection (2) (a) an act causes damage to human welfare only if it causes—

(a) loss to human life;
(b) human illness or injury;
(c) disruption of a supply of money, food, water, energy or fuel;
(d) disruption of a system of communication;
(e) disruption of facilities for transport; or
(f) disruption of services relating to health.
(4) It is immaterial for the purposes of subsection (2) whether or not an act causing damage—

(a) does so directly;
(b) is the only or main cause of the damage.
(5) In this section—

(a) a reference to doing an act includes a reference to causing an act to be done;
(b) “act” includes a series of acts;
(c) a reference to a country includes a reference to a territory, and to any place in, or part or region of, a country or territory.
(6) A person guilty of an offence under this section is (unless subsection (7) applies) liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years, or to a fine, or to both.

(7) Where an offence under this section is committed as a result of an act causing or creating a significant risk of—

(a) serious damage to human welfare of the kind mentioned in subsection (3) (a) or (3) (b) , or
(b) serious damage to national security,
a person guilty of the offence is liable, on conviction on indictment, to imprisonment for life, or to a fine, or to both.]
Annotations:

Amendments (Textual)

F12 S. 3ZA inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 41(2), 88(1); S.I. 2015/820, reg. 2(a)


[F13 3A Making, supplying or obtaining articles for use in offence under [F14 section 1, 3 or 3ZA]

(1) A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article intending it to be used to commit, or to assist in the commission of, an offence under [F15 section 1, 3 or 3ZA] .

(2) A person is guilty of an offence if he supplies or offers to supply any article believing that it is likely to be used to commit, or to assist in the commission of, an offence under [F16 section 1, 3 or 3ZA] .

(3) A person is guilty of an offence if he obtains any [F17 article—

(a) intending to use it to commit, or to assist in the commission of, an offence under section 1, 3 or 3ZA, or
(b) with a view to]
its being supplied for use to commit, or to assist in the commission of, an offence under [F18 section 1, 3 or 3ZA] .
(4) In this section “ article ” includes any program or data held in electronic form.

(5) A person guilty of an offence under this section shall be liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;
(b) on summary conviction in Scotland, to imprisonment for a term not exceeding [F19 12] months or to a fine not exceeding the statutory maximum or to both;
(c) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.]
Annotations:

Amendments (Textual)

F13 S. 3A inserted (1.10.2007 for S. and 1.10.2008 otherwise) by Police and Justice Act 2006 (c. 48), ss. 37, 53 (with s. 38(5)(6)); S.S.I. 2007/434, art. 2; S.I. 2008/2503, art. 2(a)

F14 Words in s. 3A heading substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 8; S.I. 2015/820, reg. 2(r)(iii)

F15 Words in s. 3A(1) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 41(3), 88(1); S.I. 2015/820, reg. 2(a)

F16 Words in s. 3A(2) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 41(3), 88(1); S.I. 2015/820, reg. 2(a)

F17 Words in s. 3A(3) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 42, 88(1) (with s. 86(5)); S.I. 2015/820, reg. 2(b)

F18 Words in s. 3A(3) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 41(3), 88(1); S.I. 2015/820, reg. 2(a)

F19 Word in s. 3A(5)(b) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 7(d); S.I. 2015/820, reg. 2(r)(iii)


Jurisdiction


4 Territorial scope of [F20 offences under [F21 this Act] ] .

(1) Except as provided below in this section, it is immaterial for the purposes of any offence under [F22 section 1, 3 or 3ZA] above—

(a) whether any act or other event proof of which is required for conviction of the offence occurred in the home country concerned; or
(b) whether the accused was in the home country concerned at the time of any such act or event.
(2) Subject to subsection (3) below, in the case of such an offence at least one significant link with domestic jurisdiction must exist in the circumstances of the case for the offence to be committed.

(3) There is no need for any such link to exist for the commission of an offence under section 1 above to be established in proof of an allegation to that effect in proceedings for an offence under section 2 above.

(4) Subject to section 8 below, where—

(a) any such link does in fact exist in the case of an offence under section 1 above; and
(b) commission of that offence is alleged in proceedings for an offence under section 2 above;
section 2 above shall apply as if anything the accused intended to do or facilitate in any place outside the home country concerned which would be an offence to which section 2 applies if it took place in the home country concerned were the offence in question.
[F23 (4A) It is immaterial for the purposes of an offence under section 3A whether the accused was in the home country concerned at the time of any act or other event proof of which is required for conviction of the offence if there is a significant link with domestic jurisdiction in relation to the offence.]

(5) This section is without prejudice to any jurisdiction exercisable by a court in Scotland apart from this section.

(6) References in this Act to the home country concerned are references—

(a) in the application of this Act to England and Wales, to England and Wales;
(b) in the application of this Act to Scotland, to Scotland; and
(c) in the application of this Act to Northern Ireland, to Northern Ireland.
Annotations:

Amendments (Textual)

F20 S. 4 heading: words substituted (1.10.2007 for S. and 1.10.2008 otherwise) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 18; S.S.I. 2007/434, art. 2; S.I. 2008/2503, art. 2

F21 Words in s. 4 heading substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 9; S.I. 2015/820, reg. 2(r)(iii)

F22 Words in s. 4(1) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 43(2), 88(1) (with s. 86(10)); S.I. 2015/820, reg. 2(c)

F23 S. 4(4A) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 43(3), 88(1) (with s. 86(10)); S.I. 2015/820, reg. 2(c)


5 Significant links with domestic jurisdiction.

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

[F24 (1A) In relation to an offence under section 1, 3, 3ZA or 3A, where the accused was in a country outside the United Kingdom at the time of the act constituting the offence there is a significant link with domestic jurisdiction if—

(a) the accused was a United Kingdom national at that time; and
(b) the act constituted an offence under the law of the country in which it occurred.
(1B) In subsection (1A) — “country” includes territory; “United Kingdom national” means an individual who is— (a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen; (b) a person who under the British Nationality Act 1981 is a British subject; or (c) a British protected person within the meaning of that Act.]

(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
[F25 (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.]
[F25 (b) that any computer containing any program or data to which the accused by doing that act secured or intended to secure unauthorised access, or enabled or intended to enable unauthorised access to be secured, 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 [F26 he did the unauthorised act (or caused it to be done) ] ; or
[F27 (b) that the unauthorised act was done in relation to a computer in the home country concerned.]
[F28 (3A) In relation to an offence under section 3ZA, any of the following is also a significant link with domestic jurisdiction—

(a) that the accused was in the home country concerned at the time when he did the unauthorised act (or caused it to be done) ;
(b) that the unauthorised act was done in relation to a computer in the home country concerned;
(c) that the unauthorised act caused, or created a significant risk of, serious damage of a material kind (within the meaning of that section) in the home country concerned.]
Annotations:

Amendments (Textual)

F24 S. 5(1A)(1B) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 43(4), 88(1) (with s. 86(10)); S.I. 2015/820, reg. 2(c)

F25 S. 5(2)(b) (as second appearing) substituted (S.) (1.10.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 19(2) (with s. 38(1)); S.S.I. 2007/434, art. 2 (the substituting provision being repealed for E.W.N.I. (1.10.2008) by 2007 c. 27, ss. 61(5), 92, 94, Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a))

F26 Words in s. 5(3)(a) substituted (1.10.2007 for S. and 1.10.2008 otherwise) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 19(3)(a) (with s. 38(4)); S.S.I. 2007/434, art. 2; S.I. 2008/2503, art. 2

F27 S. 5(3)(b) substituted (1.10.2007 for S. and 1.10.2008 otherwise) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 19(3)(b) (with s. 38(4)); S.S.I. 2007/434, art. 2; S.I. 2008/2503, art. 2

F28 S. 5(3A) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 43(5), 88(1) (with s. 86(10)); S.I. 2015/820, reg. 2(c)


6 Territorial scope of inchoate offences related to [F29 offences under [F30 this Act] ] . (E+W+N.I.)

(1) On a charge of conspiracy to commit an [F31 offence under [F32 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 [F33 this Act] 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) F34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) This section does not extend to Scotland.

Annotations:

Amendments (Textual)

F29 S. 6 heading: words substituted (1.10.2008) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 20(a); S.I. 2008/2503, art. 2

F30 Words in s. 6 heading substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 10(2) (with s. 86(6)); S.I. 2015/820, reg. 2(r)(iii)

F31 Words in s. 6(1) substituted (1.10.2008) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 20(b); S.I. 2008/2503, art. 2

F32 Words in s. 6(1) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 10(3) (with s. 86(6)); S.I. 2015/820, reg. 2(r)(iii)

F33 Words in s. 6(2) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 10(4) (with s. 86(6)); S.I. 2015/820, reg. 2(r)(iii)

F34 S. 6(3) repealed (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(1)(2), 92, 94, Sch. 6 para. 59(2), Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2


7 Territorial scope of inchoate offences related to offences under external law corresponding to [F35 offences under sections 1 to 3] .

F36 (1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36 (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The following subsections shall be inserted after section 1(1) of the M2 Criminal Attempts Act 1981—

“(1A) Subject to section 8 of the Computer Misuse Act 1990 (relevance of external law) , if this subsection applies to an act, what the person doing it had in view shall be treated as an offence to which this section applies.
(1B) Subsection (1A) above applies to an act if—
(a) it is done in England and Wales; and
(b) it would fall within subsection (1) above as more than merely preparatory to the commission of an offence under section 3 of the Computer Misuse Act 1990 but for the fact that the offence, if completed, would not be an offence triable in England and Wales.”.
(4) F37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F35 S. 7 heading: words substituted (1.10.2008) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 21(a); S.I. 2008/2503, art. 2

F36 S. 7(1)(2) repealed (4.9.1998) by 1998 c. 40, s. 9(2), Sch. 2 Pt. II (with s. 9(3))

F37 S. 7(4) repealed (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(1)(2), 92, 94, Sch. 6 para. 59(3), Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2

Marginal Citations

M2 1981 c. 47.


8 Relevance of external law.

(1) A person is guilty of an offence triable by virtue of section 4(4) above only if what he intended to do or facilitate would involve the commission of an offence under the law in force where the whole or any part of it was intended to take place.

F38 (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A person is guilty of an offence triable by virtue of section 1(1A) of the M3 Criminal Attempts Act 1981 F39 . . . only if what he had in view would involve the commission of an offence under the law in force where the whole or any part of it was intended to take place.

(4) Conduct punishable under the law in force in any place is an offence under that law for the purposes of this section, however it is described in that law.

(5) Subject to subsection (7) below, a condition specified in [F40 subsection (1) or (3) ] above shall be taken to be satisfied unless not later than rules of court may provide the defence serve on the prosecution a notice—

(a) stating that, on the facts as alleged with respect to the relevant conduct, the condition is not in their opinion satisfied;
(b) showing their grounds for that opinion; and
(c) requiring the prosecution to show that it is satisfied.
(6) In subsection (5) above “the relevant conduct” means—

(a) where the condition in subsection (1) above is in question, what the accused intended to do or facilitate;
F38 (b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) where the condition in subsection (3) above is in question, what the accused had in view.
(7) The court, if it thinks fit, may permit the defence to require the prosecution to show that the condition is satisfied without the prior service of a notice under subsection (5) above.

(8) If by virtue of subsection (7) above a court of solemn jurisdiction in Scotland permits the defence to require the prosecution to show that the condition is satisfied, it shall be competent for the prosecution for that purpose to examine any witness or to put in evidence any production not included in the lists lodged by it.

(9) In the Crown Court the question whether the condition is satisfied shall be decided by the judge alone.

(10) In the High Court of Justiciary and in the sheriff court the question whether the condition is satisfied shall be decided by the judge or, as the case may be, the sheriff alone.

Annotations:

Amendments (Textual)

F38 S. 8(2)(6)(b) repealed (4.9.1998) by 1998 c. 40, s. 9(2), Sch. 1 Pt. II para. 6(1)(a)(c), Sch. 2 Pt. II (with s. 9(3))

F39 Words in s. 8(3) repealed (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(1)(2), 92, 94, Sch. 6 para. 59(4), Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2

F40 Words in s. 8(5) substituted (4.9.1998) by 1998 c. 40, s. 9(1), Sch. 1 Pt. II para. 6(1)(b) (with s. 9(3))

Marginal Citations

M3 1981 c. 47.


9 British citizenship immaterial.

(1) [F41 Except as provided by section 5(1A) ,] In any proceedings brought in England and Wales in respect of any offence to which this section applies it is immaterial to guilt whether or not the accused was a British citizen at the time of any act, omission or other event proof of which is required for conviction of the offence.

(2) This section applies to the following offences—

(a) any [F42 offence under [F43 this Act] ] ;
F44 (b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) any attempt to commit an offence under [F45 this Act] ; and
(d) F46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations:

Amendments (Textual)

F41 Words in s. 9(1) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 11(2); S.I. 2015/820, reg. 2(r)(iii)

F42 Words in s. 9(2)(a) substituted (1.10.2008) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 22; S.I. 2008/2503, art. 2

F43 Words in s. 9(2)(a) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 11(3); S.I. 2015/820, reg. 2(r)(iii)

F44 S. 9(2)(b) repealed (4.9.1998) by 1998 c. 40, s. 9(1)(2), Sch. 1 Pt. II para. 6(2), Sch. 2 Pt. II (with s. 9(3))

F45 Words in s. 9(2)(c) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 11(4); S.I. 2015/820, reg. 2(r)(iii)

F46 S. 9(2)(d) repealed (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(1)(2), 92, 94, Sch. 6 para. 59(5), Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2


Miscellaneous and general