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Cybercrime offences have grown rapidly in recent years, with online threats ranging from data breaches to digital fraud. As technology advances, so does the legal response, making it crucial to understand what qualifies as cybercrime, the laws that apply, and the penalties offenders may face under legislation in England and Wales.
Cybercrime refers to criminal activities carried out using computers, networks, or the internet. These offences either target digital systems directly (like hacking) or use them as tools for committing crimes (such as online fraud).
Cybercrime falls broadly into two categories:
The primary statute governing cybercrime in England and Wales is the Computer Misuse Act 1990. It has been amended to reflect modern threats and is supported by additional laws such as the Fraud Act 2006 and the Data Protection Act 2018.
| Act | Offence | Maximum Penalty |
|---|---|---|
| Computer Misuse Act 1990 | Unauthorised access to computer material | 2 years’ imprisonment |
| Computer Misuse Act 1990 | Unauthorised access with intent to commit further offences | 5 years’ imprisonment |
| Fraud Act 2006 | Fraud by false representation | 10 years’ imprisonment |
| Data Protection Act 2018 | Unlawful obtaining of personal data | Unlimited fine (criminal or civil) |
Gaining unauthorised access to a computer system. This includes ‘ethical’ hacking done without permission.
Tricking individuals into providing sensitive data (e.g., passwords or banking details), often through fake emails or websites.
Infecting systems with malware that locks data until a ransom is paid. This is a growing threat to businesses and public services.
Using stolen personal details to impersonate victims and commit fraud, open accounts, or apply for credit.
Overloading a network or service with traffic to cause disruption. Often used as a method of extortion or protest.
Our established experts in cybercrime offences have successfully represented clients charged with a number of the offences above.
Fosters Solicitors represented a youth charged with the notorious hacking of Talk Talk (the communications company) and subsequently represented on a major international cybercrime case involving the theft of cryptocurrency from social media celebrities involving defendants in the UK and USA. In that case, Fosters successfully negotiated with US authorities, avoiding the extradition of their client to the US.
As experts in cybercrime, we have also advised businesses and given talks to industry regarding cybercrime and AI.
According to the National Crime Agency (NCA):
“Cybercrime presents a growing threat to UK security and the economy. Individuals, businesses, and public bodies must remain vigilant and report suspicious activity.”
Legal practitioners emphasise early legal advice in cybercrime cases, particularly where devices are seized or charges involve serious intent or financial damage.
For legal representation, contact our team of criminal law solicitors.
Penalties vary significantly depending on the nature and scale of the offence. Aggravating factors include:
In addition to imprisonment or fines, courts may issue confiscation orders under the Proceeds of Crime Act 2002 to recover unlawful gains.
With rising threats from AI-driven scams and geopolitical cyberwarfare, cyber legislation in the UK is likely to evolve. Key trends include:
Law firms are encouraged to invest in digital forensic expertise and provide up-to-date training for staff on handling cybercrime defence.
Common cybercrime offences in the UK include hacking, phishing, online fraud, identity theft, and ransomware attacks. These crimes are prosecuted under the Computer Misuse Act 1990 and other legislation, with penalties ranging from fines to 10 years’ imprisonment.
Penalties for cybercrime in the UK vary by offence. Hacking can result in up to 5 years in prison, while online fraud under the Fraud Act 2006 can carry up to 10 years. Serious breaches may also lead to fines or confiscation of assets.
Yes. Cybercrime is a criminal offence under several laws, primarily the Computer Misuse Act 1990 and Fraud Act 2006.
Yes. Youths as young as 10 can be prosecuted. Courts may apply rehabilitation-focused sentences, but serious cases can still lead to custody.
It depends on the seriousness. Minor offences may be tried summarily, while more complex or harmful cases go to Crown Court.
Yes. If offences affect international systems or originate from another jurisdiction, extradition treaties may apply.
This article was produced on the 22nd May 2025 for information purposes only and should not be construed or relied upon as specific legal advice.
