Proceeding contribution from Lord Dholakia (Liberal Democrat) in the House of Lords on Tuesday, 11 July 2006. It occurred during Committee of the Whole House (HL) and Debate on bill on Police and Justice Bill.
Police and Justice Bill
I intended to ask another question on Amendment No. 193A. I hope the Minister will not mind. This is about Section 2 of the Computer Misuse Act. I find it very difficult to understand why a person guilty of an offence in England and Wales under subsection (5) is liable to imprisonment for a term not exceeding 12 months, but, on summary conviction in Scotland for the same offence, is liable to a term not exceeding six months. I wanted to know precisely why there was this difference. The second point I wanted to talk about, following the argument used by the noble Earl, Lord Northesk, was on Amendments Nos. 193A and 193B. We were talking about computer hacking. The government amendment talks about Section 5 of the Computer Misuse Act, which says, "““that any computer containing any program or data to which the accused secured or intended to secure unauthorised access by doing that act was in the home country concerned at that time””." That is as far as England and Wales are concerned. I suspect it also applies to the sheriffdom in Scotland. There are cases of computer hacking going on at international level. Is the Act simply restricted to what happens when a person is in this country, or does it apply internationally as well?
Secondary information
- Type
- Proceeding contribution
- Reference
- 684 c693-4
- Session
- 2005-06
- Chamber / Committee
- House of Lords chamber
- Subjects
- Access Children Criminal proceedings Crime Courts Computers Cameras Audit Commission Arrest warrants Evidence ICT Extradition Inspections Documents Functions Internet International law Police Powers Prisoners Pornography Police authorities Reciprocal arrangements Sentencing Treaties Sexual offences Trials Right of search USA Computer viruses Cryptography Hacking
- Legislation
- Police and Justice Bill 2005-06
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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