Guidance on cybercrime sentencing in the UK

Cybercrime has gone from something reserved to rare cases and popular culture, to a crime that’s now regularly on our radar. With the increasing spread of the digital realm, it’s now far more likely that you could get caught up in a cybercrime-related offence than it was 10 years ago. 

Offences covered under the term cybercrime can be incredibly serious in terms of their legal ramifications. In this article, we explore cybercrime sentencing in the UK, to give you a better idea of what it is you’re facing. 

Whether you’ve already been charged or you suspect you might be charged in the near future, it’s imperative that you seek legal advice from an experienced solicitor. 

 

What are cyber crimes?

While cybercrime may sound like a specific offence, in reality, the term refers to a range of offences in which a computer is used to perform a crime. 

In 2015, with cybercrime rates rising, the National Crime Agency started a new drive against cybercriminals, working closely with both national and international crime agencies to catch and charge more cyber criminals.

 

Examples of cyber crimes

If the above definition sounds a little abstract, then the examples listed below should clarify things a little. 

Hacking

Hacking is a relatively broad term, referring to the act of trying to gain unauthorised access to a network, account or device. This will generally be carried out using a computer, and can result in charges under the Computer Misuse Act 1990.

While acts of hacking might be carried out by forcing entry such as by trying multiple passwords, often it will also include attempts at social engineering. This might consist of tricking the account owner, or otherwise gaining their trust to deceive them. 

 

Cyber fraud

Cyber fraud will often overlap with hacking offences, but it has more of an emphasis on intentional misrepresentation. This might consist of card-not-present fraud, or other kinds of online banking fraud.

As an increasing number of parties offer financial services online, the range of potential fraud-related offences is increasing, meaning that cyber fraud can appear to be an ever-expanding category in and of itself.

 

Identity theft

Like hacking and cyber fraud, identity theft consists of using deception to bring about personal gain or loss to another. In this case, the deception consists of taking on the identity of another person, often in order to access capital or make a financial purchase in that person’s name.

Covered under the Fraud Act 2006, identity theft is an incredibly serious offence that can result in severe repercussions. 

 

Grey areas

In part due to the fact that the internet is still a relatively new space, there are a number of grey areas, where acts can blur the boundaries between criminal and justifiable activities. 

These often revolve around issues such as free speech, and situations in which a person believes that they are honestly representing themselves but are misinterpreted due to digital communication issues.

In these grey areas, it can be critical that you have an experienced solicitor who knows the nuances of the law, so that they can argue your case effectively and protect you from undeserved legal action.

 

Sentencing for cybercrime

Due to the wide range of potential offences you could be charged with under the broader bracket of cyber crimes, the sentencing range is exceptionally broad.

For example, if you’re charged under the Computer Misuse Act 1990 under Section 1, for unauthorised access to computer material, then the maximum sentence you can receive is 2 years in prison. 

If, however, you’re charged under Section 3ZA of the same act, for unauthorised acts causing, or creating risk of, serious damage, then you could face up to life imprisonment. 

A life sentence would only be applicable in cases where the act resulted in a national security risk, and would only apply in rare circumstances.

Clearly, while cyber crimes might not include any physical, in-person contact with any of the victims, that does not mean that they’re treated any more lightly by the law. You could face up to life imprisonment, making it imperative that you take these matters incredibly seriously.

 

Impacting factors

Regardless of the offence that you’re charged with, there are a range of factors that can have a positive or negative impact on your sentence should you be found guilty.

One issue that the court will take into consideration is harm. If you cause a more substantial amount of harm, whether injury, financial loss, or other forms of damage (or potential damage) you will likely receive a higher sentence than if the act was relatively harmless.

The other main factor is culpability. If you played a leading role in a broader conspiracy, and were fully aware of that role, you will likely receive a larger sentence than if you carried out the act in an opportunistic manner with limited understanding of its criminal implications.

 

Legal advice in relation to cybercrime offences 

Developing a defence for a cyber crime-related offence can often become incredibly complicated, and will possibly require working with a range of professionals. Your solicitor may need to have an in-depth understanding of multiple areas of the law, so that they know how to coordinate the process. 

It might take some time to develop an effective strategy, meaning that the sooner you reach out, the better your overall chances of success will be. Your criminal defence solicitor will be able to:

• Advise you before and during any interviews under caution you’re required to attend, whether with the police or another investigatory agency
• Help you to develop the best legal defence possible, arranging for your representation in court if necessary
• Ensure that the law is applied in a just and fair manner, throughout the investigation and trial
• Help to take you through the appeals process, should you and your legal team be unsatisfied with the outcome.

Whether you believe you’re innocent or not, it’s important that you’re able to argue your case to the courts in a persuasive manner that truly represents your best interests. Ultimately, seeking expert legal advice is the only way to ensure this is the case, particularly in legal areas as complex as cyber crime.