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Computer Misuse Act 1990 (UK) Section 8

8.(1) A person is guilty of an offence triable by virtue of section 4(4)
      above only if what he intended to do or facilitate would involve the
      commission of an offence under the law in force where the whole or any
      part of it was intended to take place.

  (2) A person is guilty of an offence triable by virtue of section 1(1A) of
      the Criminal Law Act 1977 only if the pursuit of the agreed course of
      conduct would at some stage involve -

     (a) an act or omission by one or more of the parties; or
     (b) the happening of some other event;

      constituting an offence under the law in force where the act, omission
      or other event was intended to take place.

  (3) A person is guilty of an offence triable by virtue of section 1(1A) of
      the Criminal Attempts Act 1981 or by virtue of section 7(4) above only
      if what he had in view would involve the commission of an offence under
      the law in force where the whole or any part of it was intended to take
      place.

  (4) Conduct punishable under the law in force in any place is an offence
      under that law for the purposes of this section, however it is described
      in that law.

  (5) Subject to subsection (7) below, a condition specified in any of the
      subsections (1) to (3) above shall be taken to be satisfied unless not
      later than rules of court may provide the defence serve on the
      prosecution a notice -

     (a) stating that, on the facts as alleged with respect to the relevant
         conduct, the condition is not in their opinion satisfied;
     (b) showing the grounds for that opinion; and
     (c) requiring the prosecution to show that it is satisfied.

  (6) In subsection (5) above "the relevant conduct" means -

     (a) where the condition in subsection (1) above is in question, what the
         accused intended to do or facilitate;
     (b) where the condition in subsection (2) above is in question, the
         agreed course of conduct; and
     (c) where the condition in subsection (3) above is in question, what the
         accused had in view.

  (7) The court, if it thinks fit, may permit the defence to require the
      prosecution to show that the condition is satisfied without the prior
      service of a notice under subsection (5) above.

  (8) If by virtue of subsection (7) above a court of solemn jurisdiction in
      Scotland permits the defence to require the prosecution to show that the
      condition is satisfied, it shall be competent for the prosecution for
      that purpose to examine any witness or to put in evidence any production
      not included in the lists lodged by it.

  (9) In the Crown Court the question whether the condition is satisfied
      shall be decided by the judge alone.

 (10) In the High Court of Justiciary and in the sheriff court the question
      whether the condition is satisfied shall be decided by the judge or, as
      the case may be, the sheriff alone.



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