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NIE Volume 2 > Terrorism and Associated Offences / Cybercrime > Flashcards

Terrorism and Associated Offences / Cybercrime Flashcards

1
Q

Definition Of
Terrorism
Section 1 Terrorism Act 2000
3 steps

A

Step 1
Either the:
* Use of action; or
* Threat of action
which relates to any of 5 actions:

Action 1
Involves
serious violence
against a person.

Action 2
Involves
serious damage
to property.

Action 3
Endangers a person’s life
other than
the person
committing the act.

Action 4
Creates a serious risk to the health or safety of
either:
*The public; or
*A section of the public.

Action 5
Is designed to either:
* Seriously interfere with; or
* Seriously disrupt
.an electronic system.

Nature Of Threats
The definition encompasses broad actions and
threats that need not be overtly violent.
e.g. - contamination of goods or a utility supply.

step 2
The use or threat
of action
is designed
to have any of 3 effects.

Effect 1
Influence the government.
HM Government

Effect 2
Influence an
international governmental organisation.

Effect 3
Intimidate either:
*The public; or
*A section of the public.

Use Of Firearms Or Explosives
Where the activity involves the use of firearms or
explosives - there is no further need to show that
the behaviour was designed to either:
* Influence the government; or
* Intimidate the public.

Step 3
The use or threat of action is made for the purpose of
advancing a:
* Political cause;
* Racial cause;
* Religious cause; or
* Ideological cause.

Whereabouts Of The Commission
Of The Offence
The act can take place either in:
*The UK (Domestically).
* Elsewhere (Internationally).

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2
Q

The Activities Of A
Proscribed
Organisation
Part Il Terrorism Act 2000 As
Amended By The Terrorism Act 2006

2 Activities
The activities of a Proscribed Organisation
include either of
2 activities

A

Activity 1
Unlawful glorification
of the commission or preparation
of acts of terrorism.

Activity 2
Acts carried out in a manner
that ensures that
the organisation is associated with
statements
containing such glorification.

Definition Of Glorification — Section
3(5A) Terrorism Act 2000
Glorification includes any form of either:
* Praise; or
* Celebration.

Definition Of A Statement - Section 3(5C)
Terrorism Act 2000
A “statement” includes any communication either with
or without words consisting of:
* Sounds;
* Images; or
* Both.

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3
Q

Terrorist Offences
Arising Out Of Proscribed
Organisations
All Indictable Only Offences
Penalty In The Crown Court 10 Years Imprisonment

Section 11(1)
Terrorism Act 2000

A

Definition
It is an offence to either:
*Belong; or
*Profess to belong
…to a proscribed organisation.

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4
Q

Section 12(1)
Terrorism Act 2000

A

Definition
It is an offence to
invite support
for a proscribed organisation.

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5
Q

Section 12(2) & (3)
Terrorism Act 2000

A

Action?
It is an offence to either:
* Arrange;
* Assist in arranging;
* Manage;
* Assist in managing…

What?
A meeting of
three or more people… 3+

Where?
Either:
*In public; or
*In private…

Mens Rea
Which the defendant knows
is for any
of the following 4 purposes…

Purpose 1
To support
a proscribed organisation.

Purpose 2
To further the activities
of a proscribed organisation.

Purpose 3
To be addressed by a person who either:
* Belongs; or
* Professes to belong
to a proscribed organisation.

Purpose 4
Addressing a meeting to either:
* Encourage support for a proscribed
organisation; or
* Further a proscribed organisation’s activities.

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6
Q

DEFENCE TO BELONGING OR PROFESSING TO BELONG TO A PROSCRIBED ORGANISATION

2 STEP TEST

A

A defence will be established if the defendant can prove that both:

STEP 1
The organisation was not proscribed on the last (or only) occasion that they either:
* Became a member; or
* Began to profess to be a member.

STEP 2
They have not taken part in the activities of the organisation at any time whilst it was proscribed.

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7
Q

CLOTHING OR ARTICLES THAT AROUSE SUSPICION OF SUPPORT OR MEMBERSHIP OF A PROSCRIBED ORGANISATION

DEFINITION - SECTION 13 TERRORISM ACT 2000

A

It is an offence to either:
* Wear an item of clothing; or
* Wear, carry or display an article
…in either:
* Such a way; or
* Such circumstances
…as to arouse reasonable suspicion that the defendant is either:
* A member; or
* A supporter
…of a proscribed organisation.

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8
Q

Publishing Images Of
Articles Or Clothing
Relating To Proscribed
Organisations
Section 13(1A) Terrorism Act 2000

A

Definition
It is an offence to publish any still or moving image (by
any means) of either:
* An item of clothing; or
* Any other article
…in either:
* Such a way; or
* Such circumstances…

..as to arouse reasonable suspicion that the defendant is
either:
* A member; or
* A supporter
..of a proscribed organisation.

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9
Q

Finance Based Terrorism
Offences Under The
Terrorism Act 2000
All Indictable Only Offences
Penalty In The Crown Court 14 Years Imprisonment

A
  • Inviting another to provide money or other property -
    section 15(1)
  • Providing money or other property - section 15(3)
  • Receiving money or other property - (section 15(2)
  • Possessing money or other property - section 16(2)
  • Arranging for money or other property to be made
    available - section 17

Mens Rea For All Of The Offences?
The defendant either:
* Intends; or
* Has reasonable cause to suspect
..that the money or other property may be used
for the purposes of terrorism.

  • Using money or other property for the
    purposes of terrorism - section 16(1)
  • Concealing, moving or transferring any
    terrorist property - section 18
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10
Q

Information Received During
The Course Of Business In
Relation To
Financial Terrorism Offences
Section 19 Terrorism Act 2000

Pre-requisites
2 steps
are satisfied

A

Step 1
A person either:
* Believes; or
* Suspects;
.that another person has committed an offence
under sections 15 to 18.

  • The offences under sections 15 — 18 apply to either:
  • Providing;
  • Receiving;
  • Possessing; and
  • Using;
    . .either:
  • Money; or
  • Property;
    .which may be used for the purposes of terrorism.

Property?
The offence could manifest itself in the guise of:
* Passports;
* Other official documents; or
. Cash.

Step 2
They base that belief or suspicion on
information which comes to their attention in the
course of a:
* Trade;
* Profession;
* Business; or
* Employment.

Definition Of Employment
Paid work or unpaid work — it includes work:
* Under a contract for services;
*As an office holder;
* Work experience;
* Training for employment; or
* Voluntary work.

Wide Definition
The law does not just apply to banks and other
financial institutions
But also to any business person such as
shopkeepers, landlords, etc.

Obligation To Disclose
They must disclose ASAP to a:
* Constable; or
* Authorised member of staff of the National Crime Agency
…both:
* The belief or suspicion; and
* The information on which it is based.

When Does The Obligation Arise?
The reporting requirement under Section 19
only applies
where the suspicion or belief has
arisen during the course of the person’s work.

Legal Privilege
Legal advisers
are not obliged to disclose information
if it was received in privileged circumstances.

Section 20 — Immunity
Section 20 Terrorism Act 2000
permits businesses to disclose information
concerning their suspicions notwithstanding any
restrictions on the disclosure of information
imposed by
statute or otherwise.

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11
Q

Defences
2 defences

A

Defence 1
The defendant
had a reasonable excuse
for not making the disclosure.

Defence 2
The matters specified
were disclosed in accordance with an
established procedure
for the making of disclosures.

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12
Q

OFFENCES UNDER THE TERRORISM ACT 2006

3 CATEGORIES OF OFFENCES

A

Offences under the Terrorism Act 2006 are grouped into 3 categories:
* Encouragement of terrorism - (this category of offences is included in the syllabus);
* Preparation of terrorist acts and training – (this category of offences has been removed from the syllabus); and
* Offences involving radioactive devices and materials and nuclear facilities and sites – (this category of offences has been removed from the syllabus).

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13
Q

ENCOURAGEMENT OFFENCES

A

3 Categories
* Encouragement of terrorism.
* Preparation of terrorist acts and training.
* Offences involving radioactive devices and
materials.

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14
Q

Encouragement
Offences
2 categories

Publishing
Section 1(2) Terrorism Act 2006

A

Actus Reus?
A person either:
*Publishes a statement; or
*Causes another to publish a statement

Mens Rea?
At the time they either:
* Intend; or
* Are reckless
that members of the public be directly or indirectly
encouraged or otherwise induced by the statement…

To Do What?
Either:
. Commit;
* Prepare; or
* Instigate…
.. either:
* Acts of terrorism; or
* Convention offences.

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15
Q

Definition Of
Convention Offences
Section 1 (2) Terrorism Act 2006

A

“Convention offences” include offences in relation to either:
* Explosives;
* Hostage taking;
* Hijacking;
* Terrorist funds;
* C.B.R.N. offences.

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16
Q

Dissemination
Section 2(1) Terrorism Act 2006

A

Actus Reus
An offence will be committed where a
person engages
in the dissemination
of terrorist publications.

Mens Rea
At the time they do so they either:
* Intend; or
*Are reckless…

.that an effect of their conduct will be either:
* A direct or indirect encouragement or other
inducement to the commission, preparation or
instigation of acts of terrorism;
* The provision of assistance in the commission
or preparation of such acts.

Definition Of Dissemination Of A
Terrorist Publication?
* Distribute or circulate;
* Give, sell or lend;
* Offer for sale or loan;

  • Provide a service to others that enables others to
    obtain, read, listen to or look at such a publication,
    or to acquire it by means of a gift, sale or loan;
  • Transmit the contents electronically; or
  • Having such a publication in their possession with
    a view to its becoming the subject of conduct
    falling within any of the above.

Glorification Required?
Yes
It is necessary to prove the glorification of
the acts of terrorism.

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17
Q

Disclosure Of
Information
Section 38B Terrorism Act 2000

A

Actus Reus?
An offence will be committed
by a person who fails to
disclose information ASAP

Mens Rea?
Which they either:
* Know; or
* Believe
.might be of material assistance in either of 2
situations:

Situation 1
In preventing the commission
by another person
of an act of terrorism.

Situation 2
Securing the:
* Apprehension;
* Prosecution; or
* Conviction…

.of another person in the UK for an offence
involving the:
* Commission;
* Preparation; or
* Instigation
..of an act of terrorism.

Who Does This Offence Apply To?
Any person who has information which they
either know or believe might either:
* Help prevent an act of terrorism; or
* Help bring a terrorist to justice.

To Whom Must The Disclosure Be Made?
* England & Wales — Constable
* Scotland — Constable
* Northern Ireland Constable or a member of
Her Majesty’s forces

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18
Q

Disclosure & Interference
With Information Offences
Section 39 Terrorism Act 2000
2 offences

A

Offence 1

Mens Rea?
A person will commit an offence if they either:
* Know
* Have reasonable cause to suspect
…that a constable is either:
* Conducting
* Proposes to conduct
..a terrorism investigation

Actus Reus
..and they either:
* Disclose to another anything which is likely to
prejudice the investigation; or
* Interfere with material that is likely to be relevant
to the investigation.

Offence 2

Mens Rea?
A person will commit an offence if they either:
* Know
* Have reasonable cause to suspect
..that a disclosure either:
* Has been made
* Will be made
…under sections 19-21B or 38B of the Terrorism Act 2000.

Actus Reus
.and they either:
* Disclose to another anything which is likely to
prejudice the investigation resulting from the
disclosure; or
* Interfere with material that is likely to be relevant to
the investigation resulting from the disclosure.

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19
Q

2 Defences

A

Defence 1
They either:
* Did not know; or
* Had no reasonable cause to suspect
.that the disclosure or interference was likely
to affect a terrorism investigation.

Defence 2
They had a reasonable excuse
for the
disclosure or interference.

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20
Q

Offences Involving
Explosive Substances
Explosive Substances Act 1883
3 offences

A

Overview Of Offences
* Section 2 - Causing An Explosion Likely To
Endanger Life Or Property
* Section 3 - Attempting To Cause An Explosion Or
Keeping Explosives With Intent
* Section 4 - Making Explosive Substances Under
Suspicious Circumstances

Authority Is Required To Prosecute For
All 3 Offences?
Authority to prosecute must be supplied by
either:
* Attorney General; or
* Solicitor General.

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21
Q

Causing An Explosion
Likely To Endanger Life
Or Property
Section 2 Explosive Substances Act 1883

A

Who?
An offence will be committed by a person who is
either:
*In the UK; or
* Being a citizen of the UK — in the Republic o
Ireland

Mens Rea
Who both:
* Unlawfully; and
* Maliciously…

Actus Reus
..causes by an explosive substance
explosion of a nature likely to either:
* Endanger life; or
* Cause serious injury to property
— an

Harm Required?
No
They will commit the offence irrespective of
whether any
injury to person or property
has been caused.

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22
Q

Definition Of An
Explosive Substance
Section 9(1) Explosive Substances Act 1883
2 categories

A

Category 1
Any materials
for making any explosive substance.
e.g. - Petrol bombs, fireworks, gelignite, etc

Category 1
Any materials
for making any explosive substance.
e.g. - Petrol bombs, fireworks, gelignite, etc

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23
Q

Attempting To Cause An
Explosion Or Keeping
Explosives With Intent
Section 3 Explosive Substances Act 1883
2 offences

A

Offence 1

An offence will be committed by a person who is
either:
* In the UK or a dependency; or
* Being a citizen of the UK and colonies —
elsewhere

Mens Rea
Who both:
* Unlawfully; and
* Maliciously…

Actus Reus
Either:
* Does an act with intent to cause
* Conspires to cause…

by an explosive substance - an explosion of a
nature likely to either:
* Endanger life; or
* Cause serious injury to property.

Where?
..in either:
* UK; or
* Elsewhere.

Offence 2

An offence will be committed by a person who is
either:
* In the UK or a dependency; or
* Being a citizen of the UK and colonies —
elsewhere

Mens Rea
Who both:
* Unlawfully; and
* Maliciously…

Actus Reus
Either:
* Makes;
* Has in their possession; or
* Has under their control
..an explosive substance

Ulterior Intent
With intent by means thereof to either:
* Endanger life; or
* Cause serious injury to property.

Where?
..in either:
*UK; or
* Elsewhere.

Alternative Offence
Enable
any other person
to do so.

Result Required?
No
They shall commit an offence irrespective of whether either:
* An explosion actually takes place
* Whether injury to a person is actually caused
* Whether injury to property is actually caused

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24
Q

Making Explosive
Substances Under
Suspicious Circumstances
Section 4 Explosive Substances Act 1883

A

Step 1
The person carries out any of the following
3 actions

Action 1
Makes any explosive substance.

Action 2
Knowingly
has in their possession
any explosive substance.

Proving Possession?
Must prove both that:
* They had the explosive in their possession; and
* That they knew both the nature and quality of
what it was (NB - unlike drugs!)

Action 3
Knowingly
has under their control
any explosive substance.

Step 2
The circumstances give rise to a reasonable suspicion
(reasonable man test) that they do not have a lawful
object for either:
* Making it;
* Having it in their possession; or
* Having it under their control.

Defence
The defendant can prove the presence of a lawful
object.
Making explosives due to a curiosity about how
explosives work will not amount to a lawful object
- R v Riding [2009] EWCA Crim 892.

Is It Necessary To Establish A
Criminal Intent Or Unlawful Purpose?
No
Making or having possession or control will suffice
in itself.

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25
Q

Power To Search For
Explosives
Sections 73 - 75 Explosives Act 1875

A

Powers to search for explosives
in relation to offences under
sections 2 —4 Explosive Substances Act 1883
is provided by
Sections 73 — 75 Explosives Act 1875

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26
Q

POLICE POWERS UNDER THE TERRORISM ACT 2000

A
  • Power of arrest without warrant;
  • Warrants to enter and search premises in order to carry out the arrest;
  • Power to stop and search persons;
  • Power of seizure;
  • Power to stop and search vehicles;
  • Power to stop and search in specified locations; and
  • Cordons.

ADDITIONAL NEW POWER
Section 185 of the Police Crime Sentencing and Courts Act 2022 has inserted a new section 43(C) into the Terrorism Act 2000. It provides a power for a constable to stop and search terrorist offenders released on licence.

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27
Q

Power Of Arrest
Without Warrant
Section 41 Terrorism Act 2000

A

When Can The Power Be
Exercised?
A constable may arrest without warrant a person who they
reasonably suspect either:
* Has committed a terrorism offence; or
* Is concerned in the commission, preparation or instigation of
acts of terrorism.

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28
Q

Warrants To Enter And
Search Premises In
Order To Carry Out The
Arrest
Section 42 Terrorism Act 2000

A

Grounds For A Warrant?
A warrant can be obtained from a Magistrate authorising a
constable to both:
* Enter; and
* Search
..specified premises for the purpose of carrying out the arrest
of a terrorism suspect.

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29
Q

Power To Stop &
Search Persons
Section 43 Terrorism Act 2000
2 powers

A

Power 1 — Section 43(1)
Terrorism Act 2000
A constable may both:
* Stop; and
* Search
.a person who they reasonably suspect to be a terrorist — to
discover whether they have in their possession anything that
may constitute evidence that they are a terrorist.

Power 2 — Section 43(2)
Terrorism Act 2000
A constable
may search
a person arrested
under section 41 Terrorism Act 2000
(on suspicion of being a terrorist)
— to discover whether they have in their possession
anything that may constitute evidence that they are a
terrorist.

30
Q

Power Of Seizure
Section 43(4) Terrorism Act 2000

A

Scope Of The Power?
A constable may both:
* Seize; and
* Retain
anything which they reasonably suspect may constitute
evidence that the person is a terrorist.

31
Q

Power To stop &
Search Vehicles
2 powers

A

Power 1
Section 43(4A) Terrorism Act 2000

Scope Of The Power?
A constable may both:
* Stop - (other than an airborne aircraft); and
* Search
.any:
* Vehicle; or
* Anything in or on the vehicle

Purpose?
.to discover whether there is anything
that may constitute evidence
that they are a terrorist.
.and may
seize and retain
anything discovered.

Power 2
Section 43(A) Terrorism Act 2000

Grounds?
If a constable reasonably suspects that a vehicle is being used
for the purposes of terrorism — the constable may both:
* Stop; and
* Search

What Can Be Searched?
.elther:
. The vehicle;
. The driver;
* Any passenger;
* Anything in or on the vehicle or carried by the driver or
passenger….

Purpose?
.to discover whether there is anything
that may constitute evidence
that the vehicle is being used for the purposes of terrorism
.and may
seize and retain
anything discovered.

32
Q

Power To Stop And
Search In Specified
Locations
Section 47A Terrorism Act 2000

A

Who May Authorise The Power?
A senior police officer
may give authorisation
in relation to a
specified
area or place

Grounds?
2 steps

Step 1
They reasonably suspect
that an act of terrorism
will take place..

Step 2
They reasonably consider that:
* The authorisation IS necessary to prevent such an act:
* The specified area or place is no greater than is necessary
to prevent such an act; and
* The duration of the authonsauon IS no longer than IS
necessary to prevent such an act.

Scope Of The Authority?
Authorises any constable in uniform to.
* Stop a vehicle in that specified area or place; and
* Search the
* Vehicle;
* Driver;
* Passenger;
* Anything in or on the vehicle; or
* Anything carried by the driver or passenger.

Scope Of The Authority?
Authonses any constable in uniform to:
* Stop a pedestrian In the specified area or place; and
* Search:
* That pedestrian; and
* Anything carried by the pedestrian.

How Is Authority Given?
Where verbal authorisation is given
- it must be confirmed in writing
as soon as practicable.

Who Can Conduct A Search?
constable
in
uniform.

Who Can Be Searched?
The searching officer can stop and search either:
* Pedestrians;
* Vehicles; or
* Occupants of vehicles.

What Can Be Searched For?
It is permissible to search for
any articles
used in connection
with terrorism.

Search Area?
A geographical limit
must be set
on the search area
- which could include a whole police area - e.g. London.

33
Q

POWER TO STOP AND SEARCH PERSONS ON LICENCE

A

Section 185 of the Police Crime Sentencing and Courts Act 2022 has inserted a new section into the Terrorism Act 2000.
Section 43(C) Terrorism Act 2000 now provides a power for a constable to stop and search terrorist offenders that have been released on licence.
(1) A constable may stop and search a terrorist offender who is within subsection (2) if the constable is satisfied that it is necessary to do so for purposes connected with protecting members of the public from a risk of terrorism.
(2) A terrorist offender is within this subsection if—
(a) the offender has been released on licence (and not recalled), and
(b) the offender’s licence includes a search condition.
(3) The power in subsection (1) may be exercised in any place to which the constable lawfully has access (whether or not it is a place to which the public has access).
(4) Subsection (5) applies if a constable, in exercising the power in subsection (1) to stop a terrorist offender, stops a vehicle.
(5) The constable may search the vehicle and anything in or on it for purposes connected with protecting members of the public from a risk of terrorism.

34
Q

Cordons
Section 33
Terrorism Act 2000

Purpose?

A

A cordon may be set up
if it is considered
expedient for the
purposes of a terrorist
investigation.

35
Q

Authorisation — Non Emergencies?

A

Superintendent or above
within an area that is wholly or
partly within their police
area.
Superintendents or above from BTP
or MODP can authorise in their
specific areas of jurisdiction.

36
Q

How?

A

If designation initially
made orally, they must
confirm the designation
in writing ASAP

37
Q

Exception - Emergencies

A

An officer below the rank of
Superintendent may
make a designation if they
consider it necessary by
reason of urgency.

38
Q

Subsequent Action?

A

If so - they must:
* Make a written record of
the time that the
designation was made;
and
* Inform a
Superintendent.

39
Q

Superintendent’s Options?

A

Either
confirm or
cancel the
designation.

40
Q

Action On Cancellation?

A

A record must be made of:
*The cancellation; and
*The reason for cancelling.

41
Q

Demarcation?

A

If designation is made then
the cordoned area must
be
“de-marked” by means of
police tape etc

42
Q

Duration Of The Designated
Period?

A

Begins
When the order is made

Ends
Date specified in the order

43
Q

Initial Designation?

A

Cannot extend beyond
14 days from the time
of the order.

44
Q

Extension?

A

A Superintendent can
extend the designation
to an overall limit of
28 days beginning
with the day on which
the order was made.

45
Q

Police Powers In Relation
To Cordoned Areas?

A constable
in uniform
may exercise 6
powers

A
  • Order a person in a cordoned
    area to leave immediately.
  • Order a person to leave
    immediately premises which
    are wholly or partly in or
    adjacent to a cordoned
    area.
  • Order the driver or person in
    charge of a vehicle in a
    cordoned area to move the
    vehicle from the area
    immediately.
  • Arrange for the removal of a
    vehicle from a cordoned area.
  • Arrange for the movement of
    a vehicle within a cordoned
    area.
  • Prohibit or restrict access to
    a cordoned area by pedestrians
    or vehicles.
46
Q

OFFENCES UNDER THE COMPUTER MISUSE ACT 1990

A
  • Unauthorised Access To Computers - Section 1 Computer Misuse Act 1990;
  • Unauthorised Access To Computers With Intent - Section 2 Criminal Misuse Act 1990;
  • Unauthorised Modification of Computer Material - Section 3 Computer Misuse Act 1990;
  • Making, Supplying, Or Obtaining Articles For Use In Offences Under Sections 1 Or 3 - Section 3A Computer Misuse Act 1990; and
  • Unauthorised Acts Causing Or Creating The Risk Of Serious Damage - Section 3ZA Computer Misuse Act 1990.
47
Q

Unauthorised Access
To Computers
Section 1 Computer Misuse Act 1990
3 steps

A

Step 1
The offender causes a computer
to perform any function
with intent
to secure access
to any program or data
held in any computer.

What Is A Computer?
*PC
* Tablet
* Mobile phone
* MP3 player

Reading Material Off A Screen?
Not an offence
The computer has not been caused to perform a
function.

Specific Intent Offence
The intent a person has to have to commit an offence
need not be directed at either:
* Any particular program or data;
*A program or data of any particular kind; or
* A program or data held in any particular computer.

step 2
The access they intend to secure is
unauthorised.
NB - The access must be unauthorised - rather
than unauthorised use of data obtained.

Step 3
They know at the time
when they cause the computer
to perform the function
that that is the case.

Attempts To Log On?
An attempt to log on to a computer
with the requisite intent
will result in the commission of the offence.

48
Q

Unauthorised Access
To Computers With
Intent
Section 2 Criminal Misuse Act 1990

A

Definition?
A person is guilty of an offence if both:
*They commit a Section 1 offence - (i.e. they
satisfy the 3 step test); and
* At the time of committing the section 1 offence
- they do so with an additional “bolt on” intent.

49
Q

3 Step Test
For The Section
Offence

A

Step 1
The offender causes a computer
to perform any function
with intent
to secure access
to any program or data
held in any computer.

step 2
The access they intend to secure is
unauthorised.
NB - The access must be unauthorised - rather
than unauthorised use of data obtained.

Step 3
They know at the time
when they cause the computer
to perform the function
that that is the case.

50
Q

Additional Bolt On
Intent

A

The Nature Of The Additional
Intent?
They do so with the intent to either:
* Commit; or
* Facilitate the commission by either themselves
or another
.a specific category of further offence.

What Are The Specific
Categories Of Further Offences?
Offences which either:
*Carry a sentence fixed by law; or
*A person who has attained the age of 21 (18
years in England and Wales) and has no
previous convictions - may be sentenced to
imprisonment for a term of 5 years.

Timing Of Forming The Additional
Bolt On Intent?
The offender must have
formed the additional bolt on intent
at the time of committing
the section 1 offence.

Timing Of The Commission Of
The Intended Further Offence?
The intended further bolt on offence
does not have to be committed
at the same time
as the section 1 offence is committed.

Does The Intended Further Offence
Have To Be Committed At All?
No
Intent offence
A person will be guilty even if the commission of
the further offence is impossible.

51
Q

Unauthorised
Modification of
Computer Material
Section 3 Computer Misuse Act 1990
2 steps

A

Step 1
The offender does any act
which causes
an unauthorised modification of the contents
of any computer.

The Permanence Of The
Unauthorised Modification
The unauthorised modification can be either:
* Permanent; or
* Temporary.

step 2
At the time of the act they have both the:
* Requisite intent; and
* Requisite knowledge

Definition Of The Requisite Intent
An intent
to cause a modification
of the contents of any computer
that will cause any of 3 consequences.

Consequence 1
Impair the operation of any computer.

Consequence 2
Prevent or hinder access
to any program or data
held in any computer.

Consequence 3
Impair
the operation of any such program
or
the reliability of any such data.

The Intent Can Be Generic In
Nature
The intent need not be directed at:
* Any particular computer;
* Any particular program or data;
* A program or data of any particular kind;
* Any particular modification; or
* A modification of any particular kind.

Definition Of The Requisite
Knowledge
Knowledge that
any modification they intend to cause
is unauthorised.

Example
Intentionally implanting or sending a virus.

Criminal Damage Offence As
Well?
Only if
the unauthorised modification
of the computer or computer storage medium
impairs its physical condition.

52
Q

Making, Supplying, Or
Obtaining Articles For
Use In Offences Under
Sections 1 Or 3
Section 3A Computer Misuse Act 1990
3 offences

A

Offence 1

Actus Reus
It is an offence to
either:
* Make;
* Adapt;
* Supply; or
* Offer to supply
.any article including:
* Any programme held in
electronic form; or
* Any data held in electronic
form…

Mens Rea
Intending it to be
either:
* Used to commit; or
* Assist in the
commission of…
.either of the following
offences under the Computer
Misuse Act 1990:
. Section I.
* Section 3.

Offence 2

Actus Reus
It is an offence to either:
* Supply; or
* Offer to supply…
.any article including:
* Any programme held in
electronic form; or
* Any data held in electronic
form…

Mens Rea
Believing it likely to
be either:
* Used to commit; or
* Assist in the
commission of.
either of the following
offences under the Computer
Misuse Act 1990:
. Section 1.
* Section 3.

Offence 3

Actus Reus
It is an offence to obtain any article including:
*Any programme held in electronic form; or
* Any data held in electronic form…

Mens Rea
With a view to it being
supplied either:
* For use to commit;
or
* To assist in the
commission of.
.any of the following offences
under the Computer Misuse Act
1990:
* Section 1;
* Section 3;
* Section 3ZA.

53
Q

Unauthorised Acts
Causing Or Creating
The Risk Of Serious
Damage
Section 3ZA Computer Misuse Act 1990
4 steps

A

Step 1
The person does
any unauthorised act
in relation to a computer.

Step 2
At the time of doing
the unauthorised act
the person knows
that the act is unauthorised.

Step 3
The act either:
* Causes; or
* Creates a significant risk
.0f serious damage of a material kind.

Step 4
The person either:
* Intends; or
* Is reckless
.that serious damage of a material kind will be
caused by doing the act.

54
Q

Definition Of Serious Damage Of
A Material Kind
4 categories

A

Category 1
Damage to human welfare in any place including:
* Loss of human life;
* Human illness or injury;
* Disruption to the supply of money, food, water, energy or fuel;
* Disruption of a system of communication;
* Disruption to transport facilities; or
* Disruption to health services.

Category 2
Damage to the environment
in any place.

Category 3
Damage to the economy
of any country.

Category 4
Damage to the national security
of any country.

Location Of The Intended Serious
Damage Of A Material Kind?
Anywhere

55
Q

Areas Covered By
The Legislation?

A

4 Areas
* General data processing;
* Law enforcement data processing;
* Data processing by the intelligence services; and
* Regulatory oversight and enforcement by the
Information Commissioner.

56
Q

Who Is Responsible For
Compliance With The
Duties When
Processing Personal
Data?
Article 2(d) GDPR

A

The Controller
The controller can be an:
* Employer;
* Public authority;
* Agency; or
* Body
who must notify the Information Commissioner before
processing personal data.

57
Q

Definition Of
Personal Data
Article 2A GDPR

A

Any information that can be linked to either:
*An identified; or
*An identifiable
…living individual.

58
Q

Definition Of
Identifiable Living
Individual
Article 2A GDPR

A

A living individual - who can be identified either:
*Directly; or
* Indirectly
.by reference to either of 2 means….

Means 1
By an identifier such as:
* Name;
* Identification number;
* Location data; or
* Online identifier.

Means 2
One or more identifying factors specific to the individual —
that are either:
* Physical;
* Physiological;
* Genetic;
* Mental;
* Economic;
* Cultural; or
* Social.

59
Q

Definition Of Sensitive
Personal Data
Special Categories Of Personal Data

A

Categories?
* Religious or philosophical beliefs
* Sexual orientation
* Political opinions
* Sex life
* Race
* Health data
* Ethnic origins
* Biometric data
* Trade union membership
* Genetic data

60
Q

Processing Personal
Data

A

How Can Data Be Processed?
Data can be processed either:
* By automated means; or
* Manually via a filing system.

Rights Of The Data Subject?
The data subject has the rights to:
* Be informed vfien their data is processed;
* Access all data processed; and
* Demand rectification or deletion of data that is
inaccurate or incomplete or has been processed
improperly.

When Will It Be Permissible For The
Controller To Process Personal
Data?
The controller can only process personal data -
if either:
*The data subject has given their consent; or
*A necessity ground is established.

61
Q

Consent

A

Withdrawals Of Consent
Consent can be withdrawn
at any time.
NB - withdrawal of consent will not render
data previously processed
with prior consent
unlawful.

62
Q

Necessity Grounds

A

The 5 Necessity Grounds
The processing
must be necessary
for any of
5 grounds…

Necessity Ground 1
The
performance
or entering into
a contract.

Necessity Ground 2
The compliance
with a
legal obligation.

Necessity Ground 3
The protection of the
vital interests
of the
data subject.

Necessity Ground 4
The performance of a task
carried out
in the public interest
or in the exercise an official authority
vested in the
controller / 3rd party.

Necessity Ground 5
The legitimate interests
of the
controller / 3rd party
unless their rights are overridden
by those of
the data subject.

63
Q

To What Extent May
Personal Data Be
Processed If A Ground
Is Established?

A

Extent?
Personal data can only be processed to the extent that
it is:
* Adequate;
* Relevant; and
* Not excessive
…in relation to the purpose for which they are collected
and processed.

64
Q

Obligations In Respect
Of Processed Data?
4 Obligations

A

Obligation 1
The data must be
accurate.

Obligation 2
The data must be
kept up to date.

Obligation 3
The data
should not be kept
for longer than is necessary
for the
purpose of collection.

Obligation 4
Reasonable steps
must be taken
to erase or rectify
inaccurate or incomplete data.

65
Q

6 Data Protection
Principles
Article 5 GDPR

A

Principle 1
Data is processed
lawfully, fairly
and in a
transparent manner.

Principle 2
Data is only processed
no further
than the legitimate purpose
for which it was collected.

Principle 3
Data gathered must be
adequate, relevant and limited
to what is necessary
for the legitimate purpose
for which it was collected.

Principle 4
Data processed must be
accurate and where necessary
kept up to date
-reasonable steps must be taken to
erase or rectify
inaccurate or incomplete data
without delay.

Principle 5
Data shall be kept
for no longer than is necessary
for the legitimate purpose
for which it was collected.

Principle 6
Data shall be processed securely
providing protection against
unauthorised or unlawful processing,
accidental loss, destruction or
damage.

66
Q

Permission To
Prosecute For Data
Protection Offences

A

What Offences Will Require
Permission To Prosecute?
* Section 170 DPA 2018 - unlawfully obtaining personal
data;
* Section 171 DPA 2018 - re-identification or deidentified
personal data; and
* Section 173 DPA 2018 - alteration of personal data to
prevent disclosure to a data subject.

Who Will Provide Permission To
Prosecute?
Either:
*The Information Commissioner; or
* The Director Of Public Prosecutions.

67
Q

Malicious
Communications
Section 1 Malicious Communications Act 1988

A

A person commits an offence if they send
(includes transmitting) - to another person -
either:
*A letter;
*An electronic communication; or
*An article
which conveys any of the following:

Content 1
A message which is either:
*Indecent; or
* Grossly offensive

Content 2
threat

Content 3
Information which is both.
* False; and
* The sender either knows or believes it to be false
(e.g. making a false allegation to the police)

Content 4
Either:
* An article - (e.g. excrement); or
* Electronic communication - (e.g. text email etc.)
which is in whole or in part either:
* Indecent; or
* Grossly offensive
and they do so either:
*With the sole purpose - (i.e. sole intention)
*With one of their purposes being — (i.e. need not
be their sole purpose)

of causing either:
* Anxiety; or
* Distress…

.to either:
*The recipient; or
*Any other person they intend its contents to be
communicated to.

68
Q

Intent Offence

A

The offence is complete
as soon as the
message, article, threat, or false information
is sent..
…accompanied by…
.the requisite intention
to cause distress or anxiety.

69
Q

No Result Is
Required

A

There is no need for the results of:
*Anybody having actually read the
message etc.; or
*Anybody who did actually read the
message - going on to suffer
anxiety or distress.

70
Q

The Nature Of The
Intent?

A

The intention to cause distress or anxiety can
be either:
*The sole purpose; or
*One of many purposes
…in sending.

71
Q

Who Can The Intent
Be Directed
Towards?

A

The intention to cause distress or anxiety
can be directed towards either:
*The recipient of the message etc; or
*Another person.

NIE Volume 2 (29 decks)

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