Cyber Crime Offences

With the explosion of technology, internet crime prosecutions are on the rise

Cybercrimes, such as online stalking and abuse, spamming, illegal downloads, hacking and copyright infringement, are on the rise, and in some cases those charged have been given highly punitive sentences to set an example.

Cybercrimes fall into two categories.

Cyber-dependent crimes are those that can only be committed only through the use of computer and communication technology devices. They include hacking to steal or damage or destroy data or disrupt network activity as well as denial of service (the OS) or distributed denial of service (DDOS) attacks. It also captures the use of ransomware, malware, spyware or viruses.

Cyber enabled crimes are more conventional crimes which can be enhanced in scale by technology. They encompasses crimes such as fraud, piracy, the sale of illegal items on online marketplaces, malicious communications, bullying and the accessing of illegal material – which all take place over the internet.

The main UK legislation that covers most crimes targeted against computer or information technology systems is the Computer Misuse Act 1990. You can read BSQ’s briefing on offences under the Computer Misuse Act here and our Data Protection Act 2018 briefing.

Even if it may appear that an offence is minor, it is vital that you get legal advice as soon as the police question you about any incident. Even though this is a relatively new area of law, Berkeley Square Solicitors have an experienced defence team to help. Read our case studies below to see how we’ve helped clients in these types of charges. Call us today for a no-obligation call to discuss your case.

Client A, a former senior police officer was involved in an investigation conducted by the Information Commissioners Office concerning allegations of phone hacking by a private detective agency. BSQ partner Roger Sahota. was instructed. Client A was interviewed by the authorities. Lengthy written representations and correspondence followed arguing that the evidence in the case did not justify a prosecution. After an investigation lasting nine months a decision was made to take no further action against our client.

Clients B, C and D are suspects in a cyber-crime allegation where they are alleged to have set up, run and laundered monies from websites on the dark net offering stolen credit card details used by online criminals to fund unauthorised purchases of goods and services. All three suspects are said to have accumulated large sums in bitcoin (BTC) holdings as a consequence of the fraud. BSQ partner Roger Sahota has been instructed and is advising the accused on challenging restraint orders and search warrants obtained by the authorities. The case continues.

Client E was charged with being part of a conspiracy to defraud various banks of over £1million over a period of 3 years by the use of sophisticated “phishing’ and other malware that enabled him to gather a library of stolen credit card and bank payment details.

The Defendant’s role as alleged by the CPS was successfully challenged during a Newton hearing whereupon his culpability was severely curtailed and confiscation proceedings under 3 Part 2 of POCA 2002 were avoided.

BSQ partner Daniel Godden was instructed. Read about the case on the BBC News Site.