Computer Misuse
(Jersey) Law 1995
A LAW to
make provision for securing computer material against unauthorized access or
modification and for connected purposes
Commencement [see endnotes]
1 Interpretation
(1) This
Article applies for the interpretation of this Law.
(2) A
person secures access to any program or data held in a computer if by causing a
computer to perform any function the person –
(a) alters or erases the program or data;
(b) copies or moves it to any storage medium
other than that in which it is held or to a different location in the storage
medium in which it is held;
(c) uses it; or
(d) has it output from the computer in which it
is held, whether by having it displayed or in any other manner,
and references to access
to a program or data and to an intent to secure such access shall be read
accordingly.
(3) For
the purposes of paragraph (2)(c) a person uses a program if the function the
person causes the computer to perform –
(a) causes the program to be executed; or
(b) is itself a function of the program.
(4) For
the purposes of paragraph (2)(d) –
(a) a program is output if the instructions of
which it consists are output; and
(b) the form in which any such instructions or
any other data is output and in particular whether or not it represents a form
in which, in the case of instructions, they are capable of being executed or,
in the case of data, it is capable of being processed by a computer is
immaterial.
(5) Access
of any kind by any person to any program or data held in a computer is
unauthorized if –
(a) the person is not entitled to control access
of the kind in question to the program or data; and
(b) the person does not have consent to access
of the kind in question to the program or data from any person who is so
entitled.
(6) References
to any program or data held in a computer include references to any program or
data held in any removable storage medium which is for the time being in the
computer; and a computer is to be regarded as containing any program or data
held in any such medium.
(7) A
modification of the contents of any computer takes place if, by the operation
of any function of the computer concerned or any other computer –
(a) any program or data held in the computer
concerned is altered or erased; or
(b) any program or data is added to its
contents,
and any act which
contributes towards causing such a modification shall be regarded as causing
it.
(8) A
modification referred to in paragraph (7) is unauthorized if –
(a) the person whose act causes it is not
entitled to determine whether the modification should be made; and
(b) the person does not have consent to the
modification from any person who is so entitled.
(9) References
to a program include references to part of a program.
2 Unauthorized access to computer material
(1) A
person shall be guilty of an offence under this Article if –
(a) the person causes a computer to perform any
function with intent to secure access to any program or data held in any
computer;
(b) the access the person intends to secure is
unauthorized; and
(c) the person knows at the time when he or she
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 Article 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.
(3) A
person guilty of an offence under this Article shall be liable to imprisonment
for a term not exceeding 6 months or to a fine or both.
3 Saving for certain law
enforcement powers[1]
Article 2(1) has
effect without prejudice to the operation of any enactment or rule of law
relating to powers of examination, search or seizure.
4 Unauthorized access with intent to commit or facilitate commission
of further offences
(1) A
person shall be guilty of an offence under this Article if the person commits
an offence under Article 2 (in this Article referred to as “the
unauthorized access offence”) with intent –
(a) to commit any other offence; or
(b) to facilitate, whether personally or by any
other person the commission of such other offence,
and the offence the person
intends to commit or facilitate is referred to in this Article as the further
offence.
(2) Proceedings
under this Article shall not be instituted without the consent of the Attorney
General.
(3) It
is immaterial for the purposes of this Article whether the further offence is
to be committed on the same occasion as the unauthorized access offence or on
any future occasion.
(4) A
person may be guilty of an offence under this Article even though the facts are
such that the commission of the further offence is impossible.
(5) A
person guilty of an offence under this Article shall be liable to imprisonment
for a term not exceeding 5 years or to a fine or to both.
5 Unauthorized modification of computer material
(1) A
person shall be guilty of an offence under this Article if –
(a) the person does any act which causes an unauthorized
modification of the contents of any computer; and
(b) at the time when the person does the act he
or she has the requisite intent and the requisite knowledge.
(2) For
the purposes of paragraph (1)(b) the requisite intent is an intent to
cause a modification of the contents of any computer and by so
doing –
(a) to impair the operation of any computer;
(b) to prevent or hinder access to any program
or data held in any computer; or
(c) to impair the operation of any such program
or the reliability of any such data.
(3) The
requisite intent need not be directed at –
(a) any particular computer;
(b) any particular program or data or a program
or data of any particular kind; or
(c) any particular modification or a
modification of any particular kind.
(4) For
the purposes of paragraph (1)(b) the requisite knowledge is knowledge that
any modification the person intends to cause is unauthorized.
(5) It
is immaterial for the purposes of this Article whether an unauthorized
modification or any intended effect of it of a kind referred to in paragraph (2)
is, or is intended to be, permanent or merely temporary.
(6) A
person guilty of an offence under this Article shall be liable to imprisonment
for a term not exceeding 5 years or to a fine or both.
6 Territorial scope of offences under this Law
(1) Except
as provided in this Article, it is immaterial for the purposes of any offence
under Article 2 or 5 –
(a) whether any act or other event proof of
which is required for conviction of the offence occurred in Jersey; or
(b) whether the accused was in Jersey at the
time of any such act or event.
(2) Subject
to paragraph (3), in the case of such an offence at least one significant
link with the jurisdiction of Jersey 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 Article 2
to be established in proof of an allegation to that effect in proceedings for
an offence under Article 4.
(4) Subject
to Article 10, where –
(a) any such link does in fact exist in the case
of an offence under Article 2; and
(b) commission of that offence is alleged in
proceedings for an offence under Article 4,
Article 4 shall apply
as if anything the accused intended to do or facilitate in any place outside
Jersey which would constitute a further offence under Article 4 if it took
place in Jersey were the offence in question.
7 Significant links with jurisdiction of Jersey
(1) This
Article applies for the interpretation of Article 6.
(2) In
relation to an offence under Article 2, either of the following is a
significant link with the jurisdiction of Jersey –
(a) that the accused was in Jersey at the time
when he or she did the act which caused the computer to perform the function;
or
(b) that any computer containing any program or
data to which the accused secured or intended to secure unauthorized access by
doing that act was in Jersey at that time.
(3) In
relation to an offence under Article 5, either of the following is a
significant link with the jurisdiction of Jersey –
(a) that the accused was in Jersey at the time
when he or she did the act which caused the unauthorized modification; or
(b) that the unauthorized modification took
place in Jersey.
8 Territorial scope of
inchoate offences related to offences under this Law
(1) On
a charge of conspiracy to commit an offence under this Law –
(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 Jersey,
are questions which are
immaterial to the accused’s guilt.
(2) On
a charge of attempting to commit an offence under Article 5 –
(a) the question where the attempt was made; and
(b) the question whether it had an effect in
Jersey,
are questions which are
immaterial to the accused’s guilt.
(3) On
a charge of incitement to commit an offence under this Law the question where
the incitement took place is immaterial to the accused’s guilt.
9 Territorial scope of
inchoate offences related to offences under external law corresponding to
offences under this Law
Subject to Article 10, if any act done by a person in Jersey
would amount to the offence of –
(a) conspiracy
to commit an offence under this Law;
(b) attempting
to commit an offence under Article 5; or
(c) incitement
to commit an offence under this Law,
but for the fact that
what the
person agreed to do, attempted to do or, had in view,
as the case may be, would not be an offence triable in Jersey –
(i) what
the person agreed to do, attempted to do or, had in view, as the case may be,
shall be treated as an offence under this Law for the purposes of any charge of
conspiracy, attempt to commit an offence or incitement, as the case may be,
brought in respect of that act; and
(ii) any
such charge shall accordingly be triable in Jersey.
10 Relevance of external
law
(1) A
person shall be guilty of an offence triable by virtue of Article 6(4)
only if what the person 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.
(2) A
person shall be guilty of an offence triable by virtue of Article 9 only
if –
(a) an act or omission by one or more persons;
or
(b) the happening of some other event,
would constitute an offence
under the law in force where the act, omission or other event was intended to
take place.
(3) A
person shall be guilty of an offence triable by virtue of –
(a) Article 9(b) only if what the person
attempted to do;
(b) Article 9(c) only if what the person
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 Article, however it is described in that law.
11 British citizenship
immaterial
(1) In
any proceedings brought in Jersey in respect of an offence to which this Article
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
Article applies to the following offences –
(a) an offence under this Law;
(b) conspiracy to commit an offence under this
Law;
(c) an attempt to commit an offence under Article 5;
and
(d) incitement to commit an offence under this
Law.
12 Conviction of an offence
under Article 2 in proceedings for an offence under Article 4 or 5
If on the trial of a person charged
with –
(a) an
offence under Article 4; or
(b) an
offence under Article 5 or any attempt to commit such an offence,
the court finds the person not guilty of the offence charged, it may find the person guilty of an offence under Article 2 if on the facts shown the person could have been found guilty of that offence in proceedings for that
offence.
13 Search warrants for
offences under this Law
(1) If
the Bailiff is satisfied by information on oath that there are reasonable
grounds for believing –
(a) that an offence under this Law has been or
is about to be committed in any premises; and
(b) that evidence that such an offence has been
or is about to be committed is in those premises,
the Bailiff may issue a
warrant authorizing a police officer or other person named therein to enter and
search the premises, if need be by force.
(2) A
warrant issued under paragraph (1) –
(a) shall remain in force for one month; and
(b) shall not confer any right to production of
or access to, items subject to legal professional privilege.
(3) In
executing a warrant issued under this Article a police officer or other person
named therein may seize an article if he or she reasonably believes that it is
evidence that an offence under this Law has been or is about to be committed.
(4) Nothing
in this Article shall prejudice any power of search or any power to seize or
detain property which is exercisable by a police officer apart from this Article.
(5) A
person who –
(a) intentionally obstructs a police officer or
other person in the exercise of his or her powers under this Article; or
(b) conceals from a police officer or other
person exercising his or her powers under this Article, any such articles as
are mentioned in paragraph (3),
shall be guilty of an
offence.
(6) A
person guilty of an offence under this Article shall be liable to imprisonment
for a term not exceeding 6 months or to a fine not exceeding level 3 on the
standard scale or both.
(7) In
this Article “premises” includes land, buildings, movable
structures, vehicles, vessels, aircraft, hydrofoil and hovercraft.
14 Aiders and abettors, etc.
A person who knowingly and wilfully aids, abets, counsels, causes,
procures or commands the commission of an offence under this Law shall be
liable to be dealt with, tried and punished as a principal offender.
15 Citation, transitional
(1) This Law may be cited
as the Computer Misuse (Jersey) Law 1995.
(2) An offence is not
committed under this Law unless every act or other event proof of which is
required for conviction of the offence takes place after this Law comes into
force.