The past two decades or so have been dominated by a remarkably rapid transition into the digital world. In both personal and professional contexts, this has also led to the emergence of a whole new niche of criminal activity: cybercrime.
Over the past few years, while we saw a lull in more ‘conventional’ kinds of crime during the pandemic, we have experienced a substantial rise in cybercrime. As a result, the likelihood that you’ve been involved in cybercrime, whether as a victim or a perpetrator, is higher than ever before.
Here, we shed light on an under appreciated topic, looking at examples of how cybercrime operates in the UK. If anything remains unclear or you believe that you could be legally liable yourself, it’s imperative that you go on to seek legal advice at the earliest opportunity available.
How is online fraud and computer misuse defined?
Online fraud and computer misuse are two similar but in some ways different offences, related to illegal digital practices.
Online fraud
Online fraud refers to fraudulent activity carried out through the digital realm. According to the National Fraud Intelligence Bureau, 80% of all fraud cases that are reported are carried out online, making online fraud the most common crime that’s committed in this country.
Online fraud is primarily dealt with under the Fraud Act 2006. The act defines fraud as an act of intentional, dishonest misrepresentation where the aim is to cause personal gain or loss to another. It’s easy to see why so much fraud is carried out online, where it’s so much easier to falsify identities and present persuasive misrepresentations.
Computer misuse
Computer misuse refers to a set of activities surrounding unauthorised access and destruction of computers and digital data. The following law was created to protect digital data and computers, as no such legal area had been developed in a similar way to laws protecting physical property.
Computer misuse is primarily defined under the Computer Misuse Act 1990. You can be guilty of an offence under this act if you make any computer – including your own – access secure data or programs on another computer, where that access is not authorised and you knew that the computer would perform this function.
In clearer language, this means that you are not allowed to intentionally use computers in order to access private data on other computers.
Common examples of online fraud and computer misuse
It’s often much easier to understand offences through examples, so here are a few related to both online fraud and computer misuse.
Online fraud
Online fraud can refer to any kind of fraud carried out online. This could include:
- A copycat website pretending to be a legitimate site, such as a retailer. A visitor would then attempt to make a purchase, have their money taken, and then receive nothing in return.
- Identity theft situations, where a fraudster gathers the personal information of their victim and then uses that information to make purchases or get loans, leaving that person potentially liable.
- Holiday scams, where a fraudster will offer some kind of holiday or short-term lodging, often at a good price, and then never provide the service once payment has been made.
These are just a few options among the thousands that exist. It’s crucial that you work with a knowledgeable solicitor, so that you can accurately determine whether what you’re involved in is a case of online fraud or not.
Computer misuse
Crimes that come under the bracket of computer misuse are similar in many ways to online fraud, but there are some differences. Perhaps the main difference is that fraud must involve an intent to cause personal gain or loss to another, while computer misuse can simply involve accessing or altering digital information. This could include:
- Hacking into a website and changing the content on the site, without the permission of the site owner.
- Gaining access to someone’s computer remotely, accessing private information, and then exposing it to the public or publishing it.
Even just unauthorised access to computer material can constitute an instance of the offence. It’s important that you consult with a solicitor if you’re not sure whether you may have committed the offence so that you can take appropriate steps going forward.
Sentencing for online fraud
The maximum sentence for online fraud is 10 years in prison, however, the offence range is between discharge and 8 years in prison. Clearly, a lot will depend on how the act of fraud was carried out, and how you choose to build your defence.
Sentencing for computer misuse
The maximum sentence you can receive under the Computer Misuse Act depends on the exact section that you’re charged under. The maximum sentence you can receive however is 14 years imprisonment, for unauthorised acts causing, or creating risk of, serious damage. Damage in this context includes environmental damage, damage to human welfare, damage to national security, or damage to an economy.
Other offences will result in far less serious sentencing maximums, but this shows just how seriously you should take these kinds of crimes.
Why legal advice is so important
Both online fraud and computer misuse can result in highly complex cases. Due to the international nature of these crimes, it’s very possible that these kinds of cases will cover multiple national jurisdictions, making it necessary to deal with each of the law enforcement agencies separately.
As a result, it’s imperative that you get legal advice from a criminal defence solicitor who has extensive experience dealing with these kinds of cases. Ideally, they will also be sufficiently digitally literate to understand the ins and outs of the case, and be able to make nuanced arguments based on these insights to a court if necessary.
These kinds of crimes can be confusing for everyone, especially if you’re not highly digitally literate. As a result, it’s even more important that you seek advice from a qualified criminal defence solicitor with experience in this legal niche, to decrease the chances that you end up in a compromising legal position.
If you’re facing fraud charges, we can help. For further advice specific to your charges, reach out today by calling on 0161 234 0020 (MANCHESTER) / 0203 053 8625 (LONDON) / 07956 555797 (24 HOUR). You can also contact our team directly.
