Introduction. The Police and Justice Act has amended the Computer Misuse Act under the section called 'Miscellaneous Part 5 Computer Misuse  ‎Executive Summary · ‎The Amendments · ‎Implementation · ‎More Quotes. Reference: UK//C/ The Police and Justice Act updates the law in order to address IT denial of service attacks. It also deals with. While the Police and Justice Act is largely concerned with policing reform, there are also some long-overdue amendments to the Computer Misuse Act.


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Police and Justice Act 2006 published

Background A part of the government's much-vaunted Respect Action Planthe Police and Justice Act was intended to deliver a police reform programme.

The act makes wide-ranging changes to police governance and policing powers. It also allows the home secretary to more tightly manage local police forces, a change sought after the Soham inquiry, when David Blunkett had difficulty suspending the chief constable of Humberside.

Plans in the bill to merge the five regulators of the criminal justice system into one super-inspectorate, responsible for inspecting the police, courts, probation, prisons and the crown prosecution were savaged in the Lords and were scrapped by the government in favour of " enhanced police and justice act 2006 working ".


Section 35 2 extends the section 1 offence so that it police and justice act 2006 be committed where the person's intention is to enable someone else to secure unauthorised access to a computer or to enable the person himself to secure unauthorised access to a computer at some later time.

Section 35 3 replaces the penalty for this offence by substituting a new subsection 3 into section 1 of the Act. The offence is made indictable, and the maximum sentence is increased from six months imprisonment to two years. EU framework decision on attacks against information systems The European Union Framework Decision on Attacks Against Information Systems, adopted by the European Union and Justice and Home Affairs Council of Ministers on 24 February requires the approximation of Member States' criminal law offences, penalties and jurisdiction on attacks against information systems; this amendment to the Act is designed to ensure compliance.

Police and Justice Act - ORG Wiki

This is to ensure that there are adequate and more effective penalties available for the offence of unauthorised access to computer material, to reflect the seriousness of the criminal activities which can be involved in committing this offence.

With out this amendment experts are concerned the clause will criminalised IT and security professionals who make network monitoring tools publicly available or who disclose details of unpatched vulnerabilities.

In the parliament committee stage after the second reading Lynne Featherstone MP took this clause under her wingwhich prevented it from being made even worse. The current Home Office line appears to be a balance of probabilities argument, that a court decide whether it is more likely than not each individual instance of the article will be used to police and justice act 2006 an offence, ie the offence is only committed if it will be used criminally more than legally.

Transitional and saving provision This used to be clause 36, then clause 39 and is now clause 42 This clause makes transitional amendments for provisions of the Bill that amend the Computer Misuse Act so as to provide that the amendments do not apply in relation to offences committed before the coming into force of the amendments or acts done before that time.

The only problem with this clause is that attacks, probes, etc that started before the commencement of this bill but are still on going are not covered by this bill.

The following provisions of the Act came into force on Royal Assent i. Section 43 2 to 6 which sets out the circumstances in which a commencement order bringing into force section 43 1 designation of United States of America is to be made.

Paragraph 6 of Schedule 13, which sets out the circumstances in which a commencement order bringing into force paragraphs 4 and 5 of Schedule 13 extradition barred by reason of forum is to be made. Paragraphs 7 3 a14 and 15 of Schedule 2 and paragraphs 47, 49 and 59 of Schedule 14 which amend the Police Act so as to abolish the National Policing Plan and provide for the Secretary of State to issue strategic policing priorities, and make consequential amendments.

Paragraphs 24 to 26 of Schedule 2 police and justice act 2006 paragraphs 34 and 39 of Schedule 14which enable police authorities to appoint additional deputy chief constables with the approval of the Secretary of State, and make consequential amendments.

Repeals in Schedule 15 that are consequential on any paragraph in Schedule 2 or Schedule 14 brought into force on Royal Assent, and section 52 in so far as it relates to those paragraphs or repeals.

Part 6 with the exception of section 52 and Schedules 14 and 15, except as specified above. The remaining provisions of the Act will be brought into force by means of commencement orders made by the Secretary of State or, in appropriate cases, by the Scottish Ministers or the National Assembly for Wales.

This interpretation would, of course, depend on an organisation such as the Federation Against Copyright Theft bringing a successful test case in the High Court, resulting in a precedent permitting this clause to police and justice act 2006 interpreted in just such a way.


Section 37 of the Bill expands on the Act's existing provisions to cover someone who does an unauthorised act in relation to a computer with "the requisite intent and the requisite knowledge. Section 1 of the Act dealt with unauthorised access i.


Ideally the government should amend clause 34 in line with the provisions covering denial of service attacks set out in the Computer Misuse Amendment Bill that was introduced by the All Party Internet Group.

Making, supplying or obtaining articles for use in computer misuse offences "As far as I can see, this looks a police and justice act 2006 dog's breakfast of a clause as it fails to consider that many so-called 'hacker tools' have perfectly legitimate uses," writes Dave Lambertwho runs the Talk Politics blog.

With Blears' amendment we've actually gone from a position where a sizeable proportion of an good system administrator's 'toolkit' could be illegal under this new law to one where it almost certainly will be illegal.

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Substandard doesn't come close to describing the Committee's handling of this matter. PDF The need is to find wording akin to that in Section: