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Joshua, Lawyer
Category: UK Law
Satisfied Customers: 25690
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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What is the statute of limitations or time limit for prosecution

Resolved Question:

What is the statute of limitations or time limit for prosecution or reporting to the police for a hacking crime under the computer misuse act that was committed in 2009 in England?
Submitted: 5 years ago via InBrief.
Category: UK Law
Expert:  Joshua replied 5 years ago.
Welcome to JustAnswer! If you've queries once you've read my answer do ask. When satisfied, please kindly click the Green ACCEPT button.

There is no limitation period for criminal offences. The Limitation Act applies to civil matters rather than criminal offences.

Do revert to me if you have any queries on this.

Kind regards
Customer: replied 5 years ago.
In the original Computer Misuse Act 1990 the time limit was 3 years even though it was a criminal offence. When was the limitiation removed? Thanks.
Expert:  Joshua replied 5 years ago.
Originally it was a summary offence and therefore subject to a 6 month timeframe for prosecution. This ran from the point the prosecutors had sufficient knowledge of the evidence - this was decided in Morgans v Director of Public Prosecutions.

However s35 of the Police and Criminal Justice Act 2006 made an offence under s1 CMA an either way offence and accordingly no time limit is applicable any longer for prosecution of the offence.
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