REVISED
FOURTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

      The amendments have been marshalled in accordance with the Instruction of 13th June 2006, as follows—

[Amendments marked * are new or have been altered]

Amendment
No.

"3	Unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer, etc

(1)	A person is guilty of an offence if—

(a)	he does any unauthorised act in relation to a computer;

(b)	at the time when he does the act he knows that it is unauthorised; and

(c)	either subsection (2) or subsection (3) below applies.

(2)	This subsection applies if the person intends by doing the act—

(a)	to impair the operation of any computer;

(b)	to prevent or hinder access to any program or data held in any computer;

(c)	to impair the operation of any such program or the reliability of any such data; or

(d)	to enable any of the things mentioned in paragraphs (a) to (c) above to be done.

(3)	This subsection applies if the person is reckless as to whether the act will do any of the things mentioned in subsection (2) above.

(4)	The intention referred to in subsection (2) above, or the recklessness referred to in section (3) above, need not relate to—

(a)	any particular computer;

(b)	any particular program or data; or

(c)	a program or data of any particular kind."

"(aa)

in a case to which subsection (6) applies, seven years;";

"(6)	This subsection applies where—

(a)	a person has been previously convicted of an offence contrary to section 1 of the Protection of Children Act 1978 or section 160 of the Criminal Justice Act 1988;

(b)	the apparatus or data storage device containing the protected information contains an indecent photograph or pseudo-photograph of a child;

(c)	the apparatus or data storage device containing the protected information has come into the possession of any person together with other apparatus or a data storage device which contains an indecent photograph or pseudo-photograph of a child; or

(d)	the court is satisfied that the protected information is likely to contain an indecent photograph or pseudo-photograph of a child.

(7)	This subsection will not apply where the person to whom the notice is given can show that the protected information does not contain an indecent photograph or pseudo-photograph of a child.

(8)	"Indecent photograph or pseudo-photograph of a child" shall have the same meaning as in the Protection of Children Act 1978."

"36A      An offence under section 53 of the Regulation of Investigatory Powers Act 2000 if subsection (6) of that section applies.""

"29A      An offence under sections 48 to 50 of this Act (abuse of children through prostitution and pornography) where the offender—

(a)	was 18 or over, or

(b)	is or has been sentenced in respect of the offences for a term of at least 12 months.""