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Computer Misuse Act 1990 (UK) Section 16
16.(1) The following provisions of this section have effect for applying
this Act in relation to Northern Ireland with the modifications there
mentioned.
(2) In section 2(2)(b) -
(a) the reference to England and Wales shall be read as a reference to
Northern Ireland; and
(b) the reference to section 33 of the Magistrates' Courts Act 1980
shall be read as a reference to Article 46(4) of the Magistrates'
Courts (Northern Ireland) Order 1981.
(3) The reference in section 3(6) to the Criminal Damage Act 1971 shall
be read as a reference to the Criminal Damage (Northern Ireland) Order
1977.
(4) Subsections (5) to (7) below apply in substitution for subsections (1)
to (3) of section 7; and any reference in subsection (4) of that
section to England and Wales shall be read as a reference to Northern
Ireland.
(5) The following paragraphs shall be inserted after paragraph (1) of
Article 9 of the Criminal Attempts and Conspiracy (Northern Ireland)
Order 1983 -
"(1A) Subject to section 8 of the Computer Misuse Act 1990
(relevance of external law), if this paragraph applies to an agreement,
this Part has effect in relation to it as it has effect in relation to
an agreement falling within paragraph (1).
(1B) Paragraph (1A) applies to an agreement if -
(a) a party to it, or a party's agent, did anything in Northern
Ireland in relation to it before its formation;
(b) a party to it became a party in Northern Ireland (by joining it
either in person or through an agent); or
(c) a party to it, or a party's agent, did or omitted anything in
Northern Ireland in pursuance of it;
and the agreement would fall within paragraph (1) as an agreement
relating to the commission of a computer misuse offence but for the fact
that the offence would not be an offence triable in Northern Ireland if
committed in accordance with the parties' intentions."
(6) The following paragraph shall be inserted after paragraph (4) of that
Article -
"(5) In the application of this Part to an agreement to which
paragraph (1A) applies any reference to an offence shall he read as a
reference to what would be the computer misuse offence in question
but for the fact that it is not an offence triable in Northern Ireland.
(6) In this Article "computer misuse offence" means an offence
under the Computer Misuse Act 1990."
(7) The following paragraphs shall be inserted after Article 3(1) of that
Order -
"(1A) Subject to section 8 of the Computer Misuse Act 1990
(relevance of external law), if this paragraph applies to an act, what
the person doing it had in view shall be treated as an offence to which
this Article applies.
(1B) Paragraph (1A) above applies to an act if -
(a) it is done in Northern Ireland; and
(b) it would fall within paragraph (1) as more than merely
preparatory to the commission of an offence under section 3 of the
Computer Misuse Act 1990 but for the fact that the offence, if
completed, would not he an offence triable in Northern Ireland."
(8) In section 8 -
(a) the reference in subsection (2) to section 1(1A) of the Criminal
Law Act 1977 shall be read as a reference to Article 9(1A) of that
Order; and
(b) the reference in subsection (3) to section 1(1A) of the Criminal
Attempts Act 1981 shall be read as a reference to Article 1(1A) of
that Order.
(9) The references in sections 9(1) and 10 to England and Wales shall be
read as references to Northern Ireland.
(10) In section 11, for subsection (1) there shall he substituted -
"(1) A magistrates' court for a county division in Northern Ireland
may hear and determine a complaint charging an offence under section
1 above or conduct a preliminary investigation or preliminary inquiry
into an offence under that section if -
(a) the accused was in that division 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 that division at that time.";
and subsection (6) shall be omitted.
(11) The reference in section 12(3) to section 6(3) of the Criminal Law
Act 1967 shall be read as a reference to section 6(2) of the Criminal
Law Act (Northern Ireland) 1967.
(12) In section 14 -
(a) the reference in subsection (1) to a circuit judge shall be read as
a reference to a county court judge; and
(b) the reference in subsection (2) to section 9(2) of the Police and
Criminal Evidence Act 1984 shall be read as a reference to Article
11(2) of the Police and Criminal Evidence (Northern Ireland)
Order 1989.
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