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Computer Misuse Act 1990 (R010505)

Freedom of Information: Computer Misuse Act 1990 (R010505)

Thank you for your request dated 5 June 2015 under the Freedom of Information (Scotland) Act 2002 (FOISA) for the undernoted information: 

Under the Freedom of Information Act, I would like to request information on the number of initial charges brought before Procurator Fiscals and the number of charges assigned to the Scottish Courts between 1991 and 2014 for the following offences under the Computer Misuse Act 1990:

Section 1 – Unauthorised access to computer material;
Section 2 – Unauthorised access with intent to commit or facilitate commission of further offences;
Section 3 – Unauthorised acts with intend to impair, or with recklessness as to impairing, operation of computer, etc; and,
Section 3A – Making, supplying or obtaining articles for use in offence under Section 1 or 3

While we do endeavour to provide information wherever possible, I can advise that the information you have requested is only available from the beginning of the financial year 2002/03, accordingly, I have provided the information requested from then to the end of financial year 2014/15.

I have attached a table providing information on the number of charges which have been received by COPFS in relation to the offences under Section 1, Section 3 and Section 3A of the Computer Misuse Act 1990 and what action has been taken in respect of each charge.  It should be noted that these figures relate to the number of charges submitted, not the number of cases submitted and one or more charge(s) may relate to the same accused person. 

Following a search of our electronic records, I have established that no offences under Section 2 of the Computer Misuse Act 1990 have been reported to the Crown Office and Procurator Fiscal Service (COPFS) between the start of the financial year 2002/03 and the end of the financial year 2014/15.