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Computer Misuse Act 1990 (UK) Section 13
13.(1) A sheriff shall have jurisdiction in respect of an offence under
section 1 or 2 above if -
(a) the accused was in the sheriffdom at the time when he did the act
which caused the computer to perform the function; or
(b) 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 sheriffdom at that time.
(2) A sheriff shall have jurisdiction in respect of an offence under section
3 above if -
(a) the accused was in the sheriffdom at the time when he did the act
which caused the unauthorised modification; or
(b) the unauthorised modification took place in the sheriffdom.
(3) Subject to subsection (4) below, summary proceedings for an offence
under section 1, 2 or 3 above may he commenced within a period of six
months from the date on which evidence sufficient in the opinion of the
procurator fiscal to warrant proceedings came to his knowledge.
(4) No such proceedings shall be commenced by virtue of this section more
than three years after the commission of the offence.
(5) For the purpose of this section, a certificate signed by or on behalf
of the procurator fiscal and stating the date on which evidence
sufficient in his opinion to warrant the proceedings came to his
knowledge shall be conclusive evidence of that fact.
(6) A certificate stating that matter and purporting to be signed shall be
deemed to be so signed unless the contrary is proved.
(7) Subsection (3) of section 31 of the Criminal Procedure (Scotland)
Act 1975 (date of commencement of proceedings) shall apply for the
purposes of this section as it applies for the purposes of that section.
(8) In proceedings in which a person is charged with an offence under
section 2 or 3 above and is found not guilty or is acquitted of that
charge, he may be found guilty of an offence under section 1 above if
on the facts shown he could have been found guilty of that offence in
proceedings for that offence commenced before the expiry of any time
limit under this section applicable to such proceedings.
(9) Subsection (8) above shall apply whether or not an offence under
section 1 above has been libelled in the complaint or indictment.
(10) A person found guilty of an offence under section 1 above by virtue
of subsection (8) above shall be liable, in respect of that offence,
only to the penalties set out in section 1.
(11) This section extends to Scotland only.
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