Hacking Offence Solicitors

An allegation of hacking can leave you worried about your reputation, your work and what may happen next. Our solicitors help you understand the case against you, advise you before police interview and prepare your defence if proceedings follow.

These cases require close examination of the alleged activity and the digital evidence. We assess how you have been linked to the access in question, whether you had permission and what you understood you were authorised to do. This helps us identify disputed facts and evidence that may support your account.

Based in Manchester, Draycott Browne represents clients throughout England and Wales. The firm is recognised by Chambers UK for Crime, and our team includes solicitors accredited under the Law Society’s Criminal Litigation Accreditation scheme.

If the police have contacted you about a hacking allegation, seek advice before attending an interview. Call our team using the number at the top of this page or complete our contact form to request a confidential call back.

What is Hacking? 

Hacking is an offence that is defined as gaining unauthorised access to data in another person or company's system or computer. Hacking is a serious crime, but it is also a term which causes some confusion since it encompasses a whole range of actions which vary in severity and malicious intent. On one hand, a person could be charged with hacking for looking at private information on another person's phone or computer screen. On the other hand, however, individuals may be charged with using sophisticated malicious software to purposefully access the financial data of a major computer for illegal and fraudulent purposes. In many cases, individuals may commit hacking offences without realising that they have been behaving illegally. For example, employees of a company may not realise that the information they are sharing is confidential, or that they do not have the rights to access a specific area of company data. 

What Does the Law Say About Hacking? 

Hacking and other forms of unauthorised computer access are principally governed by the Computer Misuse Act 1990. The Act creates a number of separate offences covering unauthorised access to computer material, access with intent to commit further offences, unauthorised acts intended to impair computer systems and more serious acts capable of causing significant damage.

Our solicitors at Draycott Browne have an unrivalled knowledge of this complex area of the law, having helped clients throughout the UK mount successful defences against hacking charges.

What Counts as Hacking?

Hacking violations can encompass a range of potential offences. You may be charged with a hacking offence if you are believed to have committed: 

• Fraudulent cyber crime
• The crime of sending malicious or offensive communications
• Intellectual property crime or piracy
• Cyberbullying or cyber stalking
• Online blackmail
• Illegal spying

In most cases of hacking, it has to be shown that the individual who committed the crime did so in the knowledge that what they were doing was wrong. In many cases, hacking crimes can occur accidentally, or without criminal intent. After enlisting your solicitor, they will work with you to gather your side of the story and help to prove your innocence. 

What is the Punishment for Hacking? 

In the UK, penalties for computer hacking are tiered, which means that they increase in severity depending on the nature of the offence that has been committed. Each type of offence has its own individual maximum sentence. 

• Section 1 offences are those which involve gaining unauthorised access to computer materials. These are punishable by up to two years in prison. For a person to be found guilty of a section 1 offence, it must be proven that they were fully aware that their access to the area they hacked into was unauthorised. 

• Section 2 offences are characterised as those which involve gaining unauthorised access to computer material with the specific intent of using that information to engage in further criminal behaviour. For example, this could mean accessing a company's bank details for the specific aim of committing an act of serious fraud, blackmail, or theft. Crimes of this nature are punishable by up to five years in prison due to the increased severity of the crime. In some cases, a defendant may be cleared of a section 2 offence but convicted under section 1. 

• Section 3 offences covers unauthorised acts intended to impair the operation of a computer, prevent or hinder access to programs or data, or impair the operation or reliability of programs or data. The offence can also apply where the person is reckless as to whether their unauthorised act will cause that impairment. A section 3 offence can carry up to 10 years’ imprisonment on conviction on indictment.
• Section 3ZA offences are regarded as tier three offences, but are more severe in their nature. Section 3ZA offences refer explicitly to acts which cause, or create a risk of causing, serious damage. Criminal convictions of this nature carry a maximum sentence of fourteen years, but individuals found guilty of a Section 3ZA offence may be given a life sentence if their actions are found to have caused serious damage to human welfare or national security. 
• Section 3A covers making, adapting, supplying, offering to supply or obtaining articles for use in offences under sections 1, 3 or 3ZA of the Computer Misuse Act 1990. An “article” can include a computer program or other electronically stored data, including tools designed or intended to facilitate unauthorised access or interference with computer systems. A section 3A offence can carry up to two years’ imprisonment on conviction on indictment.

What Are Some Common Hacking Terms?

• Hacker: An individual with technical skills and knowledge of information technology systems. In the criminal world, a hacker is defined as someone who uses these skills for malicious purposes, to obtain or modify data, breach cybersecurity protocols, or damage networks or machines.
• Virus: A file capable of modifying, obtaining or damaging data. Commonly able to replicate itself, some viruses present symptoms, but many will damage systems and files without the user’s knowledge.
• Phishing: Typically used to obtain users’ data for malicious purposes, phishing attempts usually present themselves as instant messages or emails. Users can be sent to a fake portal where they may be prompted to enter information such as bank details, passwords, or personal and contact information.
• Malware: A generic term used to indicate any malicious software such as viruses, trojan horses, spyware and other similar programs.
• Ransomware: Malicious software that restricts user access to computer files, demanding a ransom to regain access. Some Ransomware will encrypt the computer files pending payment, while some will simply display a message coercing the user into paying a ransom, typically via cryptocurrency transfer.
• Keylogging: A program used to track the user’s keystrokes. This is commonly used to obtain any personal information entered by the user using the keyboard, such as passwords or bank details.
• Spoofing: Any attempt to deceive users, for example via fake online portals or malicious emails.

What Should I Do If I Have Been Accused of Hacking? 

Hacking is a serious offence with potentially severe ramifications. If you have been accused of a hacking offence, it is imperative that you contact a solicitor who has knowledge of cyber crime and relatively novel area of UK law as soon as possible. Here at Draycott Browne, our renowned hacking defence solicitors have an unrivalled knowledge of hacking law, and the experience and tenacity required to lead a successful defence. Our expertise in this field means that we are uniquely positioned to offer you the legal help, guidance, and advice that you require. 

Many of our clients are individuals who have never been involved with the law before and who find the ensuing legal process very difficult to deal with. With our help, you'll be able to make sense of the legal journey that you may face and receive bespoke help and support throughout.

When Should I Contact Draycott Browne? 

You should contact our team as soon as you become aware that you may be involved in a hacking case. While many people worry that enlisting the help of a defence solicitor will be interpreted as a sign of guilt, in reality, taking such measures is a logical way of ensuring that you receive qualified legal advice early on in your case and are equipped to successfully handle any future investigations that may manifest or develop. 

What Should I Do if I Am Arrested? 

If you are arrested by the police, it is crucial that you take advantage of your right to remain silent and obtain legal assistance and do not engage with any investigations until your serious crime solicitor is present. At Draycott Browne, our solicitors are available 24/7 to provide legal representation to clients during police interviews and investigations and we strongly encourage you to enlist our help before you communicate with the police. During the preliminary stages of any enquiry, the aim of the police will be to find evidence that can be used against you to prove a charge with the CPS (Crown Prosecution Service). Anything you say can also be used later as evidence against you. As such, it is crucial that you discuss the circumstances that led up to your arrest with a solicitor prior to your interview, and discuss together how you should approach answering any questions you are asked. 

24 Hour Availability

It is not always possible to predict an arrest, which is why our legal advisors are available 24 hours a day, 7 days a week. At Draycott Browne we have a team of professionals ready to assist you whenever you need us. We will represent you at the police station and thereafter to make sure you and your case are treated fairly and appropriately.

Legal Aid

Unexpected legal fees can come as a nasty and expensive surprise. To assist you with the financial cost of defending your name, we can help you apply for legal aid to enable you to focus on what really matters. Our solicitors at Draycott Browne can guide you through the application process so that you have the best chance of receiving the financial assistance you need.

Contact our Hacking Offence Solicitors

If you or someone you know is facing charges related to a hacking crime, it is essential that you engage the expertise of professional criminal lawyers who will be able to help and advise you on a defence strategy as soon as possible. Contact us today by calling +44 (0)161 228 2244. If you would like us to contact you, simply fill in our online enquiry form and a member of the team will be in touch as soon as possible.

We are highly regarded nationally across the legal profession and noted for consistently delivering positive results for our clients. Our expert Hacking Offences Solicitors regularly act for clients in Manchester, Preston, Blackpool, Liverpool, Leeds, Nottingham, Birmingham, and London. As a recognised criminal defence law firm we can represent you wherever you live in England and Wales.

By entrusting us, you can be assured that you will be working with a team of highly skilled and experienced serious crime solicitors who have a thorough and comprehensive knowledge of this area of law.

Our legal team is available 24 hours a day, 7 days a week. If you need expert legal advice or representation, call us in confidence now. When you are facing the stiffest challenges, you cannot afford to settle for anything less than Draycott Browne.