Jurisdiction(s):
United Kingdom

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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...

Applying the Sentencing Council’s General Guideline: step-by-step sentencing for offences with or without offence-specific guidelines, including seriousness, culpability, harm and aggravating/mitigating factors (England and Wales)

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Practice notes

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This Practice Note offers an overview of the Sentencing Council’s General Guideline—overarching principles (the General guideline). It should be considered alongside offence-specific sentencing guidelines and other overarching guidance covering, for example, community and custodial sentences, offences taken into consideration, totality, and reduction in sentence for a guilty plea. For more on sentencing practice, the Sentencing Council’s functions, and its definitive guidelines, see Practice Note: Sentences imposed following conviction. For details of the Sentencing Council’s guidelines for use in the magistrates’ court (commonly known as the Magistrates’ Court Sentencing Guidelines or MCSG) and offence-specific guidelines (formerly described as definitive guidelines) for use by Crown Courts in England and Wales, see Practice Note: Sentencing criminal offences—sentencing guidelines and resources.

The General guideline—application

The General guideline applies to all individual offenders aged 18 or over and to organisations sentenced after 1 October 2019, regardless of when the offence took place. It applies in two ways:

for sentencing offences where there is no relevant offence-specific guideline for use in the magistrates’ or Crown Court, and
for application alongside offence-specific guidelines

The General guideline does not apply to...

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Web page updated on 21/05/2026

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