Computer Misuse Act Prosecution Guidance
Plain-English digest of CPS prosecution guidance.
AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.
This guidance outlines the prosecution considerations for cases under the Computer Misuse Act 1990, detailing the specific offences such as unauthorised access to computer material, and providing interpretations of legal terms and jurisdiction. It highlights the importance of understanding both the mens rea and actus reus for various offences, alongside considerations under related legislation like the Data Protection Act 2018. The guidance also discusses public interest factors that influence prosecution decisions.
Key points
- Prosecutors should evaluate the intent and awareness of the accused.
- A significant link to the home country is required for jurisdiction in CMA offences.
- Different sections of the CMA carry varying maximum penalties.
- The definition of a computer is determined by contemporary court interpretations.
- Public interest factors must be considered when deciding to prosecute.
Public-interest factors
- Financial damage to victims
- Sophistication used in the crime
- Vulnerability of the victim
- Mental health and age of the defendant
- Main purpose of financial gain
This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.