The punishment for cyber crime varies drastically depending on the nature of the offence. The penalty can range from a fine to 10 years’ imprisonment. Crimes with an international element may also lead to an extradition order.

Cyber Laws To Be Introduced in the UK

The government has proposed a new Bill – called the Product Security and Telecommunications Infrastructure Bill – to Parliament. It has been described as a “new world-leading law” and aims to protect consumers from hackers.

Cyber security

Nowadays, more and more of us have devices that connect to the internet. There are obvious things, such as computers and laptops. Then there are the not-so-obvious things, like baby monitors, speakers, thermostats, printers, toys, smart TVs and fitness trackers. Each household in the UK has an average of 10 devices that connect to the internet. These are all at risk of cyber-attacks. If this seems implausible, consider the North American casino whose data was stolen after attackers gained access through an internet-connected fish tank.

Yet UK laws and security measures have failed to keep pace with technology. The UK’s National Cyber Security Centre says it dealt with an unprecedented number of 777 incidents in the last 12 months. An investigation by Which? also found that the average home could be exposed to over 12,000 scanning or hacking attacks in a week.

The Product Security and Telecommunications Infrastructure Bill

The government has now introduced the Product Security and Telecommunications Infrastructure Bill to Parliament to protect consumers better. If passed into law, it would:

  • Ban universal default passwords. All new devices will have a unique password and cannot be restored to a universal factory setting.
  • Force firms to be transparent with customers about their actions to fix security flaws or tell customers if a product does not come with security updates.
  • Create a system for the public to report any product vulnerabilities, including flaws and bugs.
  • Place a duty on in-scope businesses to investigate compliance failures and to produce records and statements of compliance.
  • Create a new regulator with the power to impose financial penalties for non-compliance.

The Bill relates to all products that can access the internet, ranging from smartphones to voice-activated assistants. It also covers devices that connect to other devices but not directly to the internet, such as smart light bulbs. However, the proposed law excludes second-hand products and desktops and laptops, which are already served by antivirus software.

Powers of the new regulator

A new regulator will be set up to monitor company compliance if the Bill is passed into law. The regulator will have the power to issue notices to companies requiring the recall of products, prevent the sale or supply of products, and implement compliance with security requirements. Non-compliance can lead to financial penalties, with the maximum fine being £10 million or 4% of global turnover, plus up to £20,000 per day in an ongoing contravention.

What happens next?

The Bill is currently making its way through Parliament, meaning it could be subject to amendments. However, it is likely to be enacted in some form, so companies selling internet-access products must pay close attention. The law will place far greater responsibilities on companies, with non-compliance resulting in costly financial penalties.

Proposed legal changes

This relates to taking non-consensual photographs and video recordings of breastfeeding mothers. This will become a criminal offence where the motive is to obtain sexual gratification or to cause humiliation, distress or alarm. It will be punishable by up to two years in prison.

Different pieces of legislation govern these offences, such as the Fraud Act 2006, the Computer Misuse Act 1990, the Domestic Abuse Act 2021, and the Counter-Terrorism and Sentencing Act 2021.

Cybercrime defence solicitors – England and Wales

If you have been accused of online fraud or cyber crime, contact us now at Ashmans Solicitors. We have a team of specialist criminal defence lawyers who are ready and able to help. We can take your call 24 hours a day, seven days a week.

What is cybercrime?

Cybercrime is an umbrella term for any offence occurring online or using technology to commit an offence. It incorporates a broad range of illegal activities, including:

  • Hacking
  • Identity theft
  • Computer viruses
  • Child sex offences
  • Terrorism
  • Fraud
  • Harassment and stalking
  • Blackmail
  • Sharing indecent images

Proposed legal changes

This relates to taking non-consensual photographs and video recordings of breastfeeding mothers. This will become a criminal offence where the motive is to obtain sexual gratification or to cause humiliation, distress or alarm. It will be punishable by up to two years in prison.

Different pieces of legislation govern these offences, such as the Fraud Act 2006, the Computer Misuse Act 1990, the Domestic Abuse Act 2021, and the Counter-Terrorism and Sentencing Act 2021.

What is the punishment for cybercrime?

It is, therefore, impossible to say exactly what the punishment for cyber crime might be. It all depends on the nature of the offence and which Act you are prosecuted under.

What are the penalties under the Computer Misuse Act 1990?

A large number of cyber crimes fall under the Computer Misuse Act 1990. This makes provisions for ‘securing computer material against unauthorised access or modification; and for connected purposes’. Several computer misuse offences are listed under the Act, all of which are given a maximum penalty. For example, in England and Wales, someone who is convicted of:

  • Unauthorised computer material access could receive a fine and/or up to 12 months in prison for a summary offence. This increases to a fine and/or up to two years in prison for a conviction on indictment.
  • Unauthorised access with intent to commit or facilitate the commission of further offences – could receive a fine and/or up to 12 months in prison for a summary offence. This increases to a fine and/or up to five years in prison for a conviction on indictment.
  • Unauthorised acts with intent to impair, or with recklessness as to impairing, the operation of a computer – could receive a fine and/or up to 12 months in prison for a summary offence. This increases to a fine and/or up to 10 years in prison for a conviction on indictment.
  • Unauthorised acts causing or creating a risk of serious damage – could receive up to a fine and/or up to 14 years in prison. This increases to life imprisonment if national security and/or human welfare are harmed or put at risk.
  • Making, supplying or obtaining articles for use in committing an offence – could receive a fine and/or up to 12 months in prison for a summary offence. This increases to a fine and/or up to two years in prison for a conviction on indictment.

What are the penalties under the Fraud Act 2006?

Cyber crimes are also regularly prosecuted under the Fraud Act 2006. Fraud is the deliberate use of deceit or dishonesty to create a gain or to cause a loss to someone else. Cyber crimes that could be considered fraudulent include:

  • Obtaining bank data
  • Online identity theft
  • Phishing
  • Dating scams
  • Cryptocurrency-related fraud
  • Possessing, making or supplying articles associated with identity theft, like malware

The maximum punishment under the Fraud Act 2006 is a fine and/or 12 months imprisonment if convicted of a summary offence. If convicted on indictment, the maximum penalty is ten years in prison. This is reduced to five years in prison for the offence of possessing an article used in fraud.

How is a cyber crime sentence decided?

However, it should be noted that the penalties described above are the maximum punishments available to the courts. Just because you are convicted of cybercrime does not necessarily mean you will receive the maximum sentence. The judiciary in England and Wales has sentencing guidelines. These must be followed unless it would be unjust to do so. They help judges/magistrates to decide on appropriate sentences.

Various factors, such as the seriousness of the offence and the amount of harm caused influence the eventual sentence. A cyber crime resulting in a £100 loss will be treated much more leniently than one threatening national security. The judge or magistrates will also consider your level of culpability, which in law means the extent to which you are responsible for your actions. If you are under the age of 18 or you were influenced by someone else, then you may be treated more favourably.

There are also mitigating factors and aggravating factors that must be applied. Mitigating factors should persuade the judge or magistrates to reduce the sentence. They might include good character, cooperating with the authorities and genuine remorse. Aggravating factors could work against you. They might include previous convictions, organised criminal activity and deliberately targeting vulnerable victims.

What should I do if I’m accused of cybercrime?

If you are accused of a cybercrime, you should waste no time instructing a legal representative. The criminal defence solicitors here at Ashmans can help you. As outlined above, cyber crime can potentially result in severe penalties. You need a lawyer who can get you the best possible outcome. Otherwise, you could face a criminal record, a prison sentence, and/or a substantial fine.

Understandably, this will be very worrying for you. All kinds of people get mixed up in cybercrime allegations. Some will be unaware that they are facilitating illegal activity, as is often with companies and commercial enterprises. Others will have been coerced into helping or acting out of revenge, desperation or fear. And, of course, some will be entirely innocent, having been wrongly accused of committing a cybercrime.

Whatever the situation, we will apply our legal expertise to limit the consequences to you, your family and your business (if applicable). Ideally, your case will be resolved before court proceedings become necessary. It may be possible to outline your innocence before charges are laid, meaning the case against you is dropped. Or it may be possible to enter a plea bargain.

If your case does proceed to trial, you can rest assured of our advocacy skills and legal knowledge. Cybercrime is a rapidly evolving area of law thanks to the constant progression of technology. The legislation is continually being updated, and you need a solicitor at the forefront of the field.

What happens during a cyber crime investigation?

You may be investigated for cyber crimes months – or even years – before you are arrested. It is not uncommon for individuals and businesses to be under investigation, without knowing anything about it. You may first become aware of the investigation when you are invited for a police interview, arrested, or your property is searched.

You should contact our solicitors when you realise you are suspected of committing a cybercrime. We can advise how best to manage the situation. We can also accompany you to police interviews. This is very important – you should not speak to the police until you have sought expert legal advice. Police station representation is free to everyone under the Legal Aid scheme.

Cybercrime investigations can last a very long time. If invited for a police interview, you will likely be released under investigation. If enough evidence is needed to charge you, you will be formally arrested and court proceedings initiated. A not-guilty plea will result in a trial.

This will either occur at the Magistrates’ Court or the Crown Court, depending on the seriousness of the offence.

Can the police search my home and seize my belongings?

The authorities often want to seize electronic items during a cyber crime investigation. Once a search warrant has been granted, the police (and other regulatory bodies) can search your property and business. They can also keep any items of interest, such as your electronic devices. These can be sent off for analysis, and the findings may be used as evidence against you.

Will my assets be confiscated?

If you are later found guilty of a cybercrime, you could subsequently be subject to POCA proceedings. This is when the authorities seek to recover the proceeds of crime. This is more likely when fraud or organised criminal activity has made substantial financial gains. If so, the authorities will apply for a confiscation order to the court. You should speak to your solicitor about what to do next. You may be able to prevent the confiscation order or negotiate better terms.

Can I get free legal advice about a cybercrime allegation?

If you have been accused of a cybercrime, we strongly advise that you contact us at Ashmans Solicitors now. We offer free legal advice and free police station representation. If you like, we can then represent you throughout the proceedings. We are experienced cyber crime lawyers who know how to handle your case best.

Cybercrime defence solicitors – England and Wales

For a free initial enquiry, call us on 0333 009 6275. We are available 24 hours a day, seven days a week.

You can also email us at enquiries@ashmanssolicitors.com or complete our Free Online Enquiry Form, and we will contact you.