If you are being investigated for a cyber crime or computer crime, you may have been accused of hacking, accessing a system or account without permission, obtaining confidential data or interfering with files or software. Allegations range from limited access causing no damage to serious attacks involving fraud, financial loss or widespread disruption.
Many investigations begin with an arrest out of the blue. Because these cases rely heavily on digital evidence, the police may use their powers of arrest and search to seize computers, phones and storage devices before the person under investigation knows an allegation has been made. Suspects are often released on bail with little information about the evidence against them and uncertainty about how the process will unfold.
We specialise in defending cyber crime allegations and have significant experience of representing employees, business owners and private individuals accused of offences under the Computer Misuse Act 1990. We are often instructed during the pre-charge stage, when we can seek updates from the investigating officer, provide representation at any further interview and identify potential weaknesses in the allegation. This may include obtaining defence evidence and making written representations seeking to avoid charges.
Our criminal defence team is ranked Tier 1 by the Legal 500 and Band 1 by Chambers UK, the highest rankings awarded by either legal directory.
Computer Misuse Act – employees
Workplace allegations often arise where an employee or former employee is accused of accessing confidential information, downloading private or client data or continuing to access systems after leaving. The police are more likely to become involved where there is alleged financial harm, sensitive information has been retained or disclosed, or company systems or files have been damaged.
Section 1 of the Computer Misuse Act 1990 makes it an offence to access computer material without authority while knowing that the access is unauthorised. More serious allegations involving fraud or interference with data may engage sections 2 or 3.
Hacking and unauthorised access
Hacking offences typically involve gaining access to a website, online account or computer system without permission. Cases may involve guessed or obtained passwords, compromised credentials or probing security weaknesses. Whether the access was connected to fraud or blackmail, or caused damage or disruption, will significantly affect the seriousness of the allegation.
The prosecution must prove that the person intended to secure access and knew that it was unauthorised. Important issues may centre on whether the activity can be attributed to the suspect, the interpretation of technical digital evidence and what can properly be inferred about their intentions. More serious allegations involving malware, system disruption or damage to data may be prosecuted under sections 2, 3 or 3ZA of the Computer Misuse Act 1990.
Frequently Asked Questions
Cyber crime refers to criminal activities that involve the use of computers, networks, and digital technologies. It encompasses various illegal or illicit activities committed in the virtual space. Those engaging in cyber crime leverage technology to carry out their activities, often exploiting vulnerabilities in computer systems, networks, and online platforms.
The police will often analyse computer equipment themselves. These investigations are highly technical, but it must be appreciated that overworked authorities often seek to prove guilt and do not have the resources or time to look further. Hidden deep in the metadata are sometimes the key strands of a defence – for example, proving the timing of a sent email could be critical. Or it may well be that a satellite navigation device can assist in establishing that the suspect was not where the police say they were at the given time, thus helping with an alibi.
In addition, in-depth forensic analysis may also show that another person has used a computer for illegal purposes, despite the police investigation pointing towards the device’s owner being responsible.
To prove you committed a cyber offence, the authorities must place you at the computer used to commit the crimes. We can examine for the presence of Trojans and third-party access to defeat those assertions.
At Reeds Solicitors, we have relationships with some of the UK’s top independent computer experts/scientists and can instruct them to undertake the necessary examinations, prepare reports, and give evidence in court. This, along with our ability to instruct top cyber crime and computer law Barristers and King’s Council, means that by instructing us, you can be confident that you have the best possible chance of achieving a positive outcome.
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