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Computer Misuse Act offences: hacking, unauthorised access and DDoS

Updated 2026-11-05 · Checked against sources 2026-11-05 · England & Wales

Unauthorised access to a computer or account is an offence under the Computer Misuse Act 1990 s.1 (maximum 2 years), rising to 5 years with intent to commit a further offence (s.2), 10 years for acts that impair a computer such as DDoS (s.3) and life for the most serious damage (s.3ZA). Employees and ex-partners commit the offence if they knowingly go beyond what they are allowed to access.

The offences (Computer Misuse Act 1990)

Sections 1, 2, 3 and 3A are triable either way (magistrates' maximum 12 months).

What "unauthorised" means

Access is unauthorised without the consent of a person entitled to control it (s.17(5)), and the defendant must know it is unauthorised. In R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Government of the USA (Allison) [2000] 2 AC 216 the House of Lords held that an employee who accessed accounts she had not been assigned committed s.1: authority relates to the particular data. It said DPP v Bignell [1998] 1 Cr App R 1 (police officers who had an operator run checks for private reasons) was probably right on its facts but rejected its wider reasoning. Clear employer limits are central.

Common scenarios

Jurisdiction

Only a significant link with England and Wales is needed, such as the defendant or the target computer being here (ss.4-5).

Sentencing

There is no Sentencing Council guideline. R v Mangham [2012] EWCA Crim 973 lists the factors: planning, persistence, damage to systems, privacy and confidence, cost of remediation, revenge, financial gain and passing data on; the offender's psychological profile deserves close attention. R v Martin [2013] EWCA Crim 1420 called for deterrence: for large-scale offending, sentences measured in years.

Reform

The King's Speech on 13 May 2026 announced a National Security Bill to update the Act, including a limited defence for some security research. No amending law had been passed as at 5 November 2026.

In practice

Logs, IP evidence and what the person believed they were allowed to do usually decide these cases.

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Authorities: Computer Misuse Act 1990 ss.1, 2, 3, 3ZA, 3A, 4, 5, 17 (as amended by Police and Justice Act 2006 ss.35-38 and Serious Crime Act 2015 ss.41-44); Data Protection Act 2018 ss.170, 196; R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Government of the USA (Allison) [2000] 2 AC 216, [1999] UKHL 31; DPP v Bignell [1998] 1 Cr App R 1; DPP v Lennon [2006] EWHC 1201 (Admin); R v Mangham [2012] EWCA Crim 973; R v Martin [2013] EWCA Crim 1420; CPS Legal Guidance, Computer Misuse Act; King's Speech 13 May 2026 (National Security Bill)

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