Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Hacking definition

What does Hacking mean? Hacking describes, in legal practice, unauthorised access to or interference with computers, networks or data, typically by bypassing technical or organisational controls. The term is descriptive rather than a statutory label, and is commonly used as shorthand for cybercrime offences under the Computer Misuse Act 1990 (England & Wales, Scotland and Northern Ireland): unauthorised access to computer material (section 1), unauthorised access with intent to commit or facilitate further offences (section 2), unauthorised acts intended to impair the operation of a computer (section 3), aggravated acts risking serious damage, and making or supplying articles for use in such offences...

Computer Misuse Act 1990 (UK): unauthorised access, impairment, serious damage and articles offences—elements, sentencing and jurisdiction

Published by a LexisNexis Corporate Crime expert

Practice notes

Background

The Computer Misuse Act 1990 (CMA 1990) was primarily passed to tackle the risk posed by unauthorised entry into computer systems, commonly labelled ‘Hacking’ offences. It became clear that no suitable law existed to prosecute such activity, a gap highlighted especially by R v Gold & Schifreen, where the Court of Appeal set aside a conviction for making a False instrument, contrary to the Forgery and Counterfeiting Act 1981, in circumstances amounting to unauthorised access to BT’s Prestel Computer Network. The House of Lords affirmed that ruling, holding the behaviour fell beyond the false instrument offence because the false information—namely the passwords used to secure entry—had to be retained on the instrument for a meaningful period. At the time, the statute drew criticism as rushed and ill-conceived, and Parliament had no real conception of the ‘World Wide Web’, which did not achieve prominence until the mid-1990s. Nonetheless, as global interconnectivity grew and, in turn, desktop computing waned, the courts have read the CMA 1990 so as to give it practical effect. The CMA 1990 was later amended by the Police and Justice Act 2006 (PJA 2006)...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Sam Thomas

2BR

· Sam is the Vice Chair of the Association of Disciplinary and Regulatory Lawyers (ARDL), and is the Chair of the Sports Law Practise Group. He represents professionals and regulators, primarily in the healthcare sector, in respect of disciplinary proceedings and NHS Performer and Contractor disputes, with appellant experience in the Administrative Court. · Sam’s experience in financial regulation is growing. He regularly represents The Pension Regulator (TPR) in proceedings in the First Tier Tribunal and has recently appeared in the Upper Tribunal in relation significant matters of law. Sam has provided advice to the Financial Conduct Authority (FCA). · The Police Federation have instructed Sam to defend police officers accused of police misconduct, and criminal contempt. · He regularly appears before the General Dental Council (GDC), General Optical Council (GOC), UK Council for Psychotherapy (UKCP) and the Nursing and Midwifery Council (NMC), and has advised with regard to the gamut of...

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...