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    Status regarding Budapest Convention

Status regarding Budapest Convention

Status : Party Declarations and reservations : No declarations. Reservations regarding Art. 9, Art. 22, Art. 29. See legal profile

Cybercrime policies/strategies

The UK government published the National Cyber Security Strategy 2016 to 2021 which aims at making Britain secure and resilient in cyberspace. To achieve this vision, its objectives are:

  • Obj. 1 - DEFEND. Protect the UK against evolving cyber threats, respond effectively to incidents, ensure UK networks, data and systems are protected and resilient.
  • Obj. 2 - DETER. Become a hard target for all forms of aggression in cyberspace. Detect, understand, investigate and disrupt hostile action taken against the nation, pursuing and prosecuting offenders.
  • Obj. 3 - DEVELOP. Create an innovative, growing cyber security industry, underpinned by world-leading scientific research and development.

The Strategic context addresses Threats such as cyber criminals; states and state-sponsored threats, terrorists, hacktivists and “script kiddies”. In response, the Objective to Deter, introduced in the Action Plan, focuses on: cyber role in deterrence; reducing cyber crime; countering hostile foreign actors; preventing terrorism; enhancing sovereign capabilities – offensive cyber; enhancing sovereign capabilities – cryptography.

The Objective of reducing the impact of cyber crime by deterring cyber criminals from targeting the UK and pursuing said criminals will be realized through: enhancing the LEA capabilities and skills; build a better understanding of the cyber crime business model; build international partnerships to end the perceived impunity of cyber criminals acting in the UK, by bringing criminals in overseas jurisdictions to justice; deter individuals from becoming or being involved in cyber crime by building on early intervention measures; enhance collaboration with industry to provide them with proactive intelligence on the threat; develop a new 24/7 reporting and triage capability in Action Fraud, linked to the NCSC, the National Cyber crime Unit (NCCU) and the wider LE community, to provide a faster response to reported crimes - a new reporting system will be established to share information in real time across LE on cyber crime and threats; work with the NCSC and the private sector to reduce vulnerabilities in UK infrastructure that could be exploited; further cooperate with finance sector to make UK a more hostile environment for those seeking to monetize stolen credentials.

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The NCSS complements the 2013 Serious and Organised Crime Strategy which sets out UK’s strategic response to Cyber Crime, alongside other types of crimes. The National Cyber crime Unit (NCCU) that sits within the National Crime Agency (NCA) was established to lead and coordinate the national response to cyber crime. Action Fraud provides a national reporting center for fraud and cyber crime. A network of cyber crime units within Regional Organized Crime Units (ROCUs) provide access to specialist cyber capabilities at a regional level, supporting the NCCU and loval forces.

The first national strategy was published in 2011, covering the period 2011-2015: The UK Cyber Security Strategy - Protecting and promoting the UK in a digital world of which the first of four objectives is to tackle cybercrime.

The preceding UK Government previously published a ‘Cyber Crime Strategy’ in March 2010, which had not been expressly abandoned.

Specialised institutions

Jurisprudence/case law

Leading cases under the Computer Misuse Act 1990 include the following:

  • Attorney-General’s Reference (No.1 of 1991) [1992] 3 WLR 432
  • R v Bow Street Magistrates’ Court, ex parte Allison (1999) 3 WLR 620
  • DPP v Lennon [2006] All ER (D) 147 (May)

Leading cases in the area of child sexual abuse images include the following:

  • Westgarth Smith and Jayson [2006] EWCA Crim 560
  • Dooley [2005] EWCA Crim 3093

Leading cases in the area of illegal interception include the following:

  • Stanford [2006] EWCA Crim 258
  • Edmondson & ors v R [2013] EWCA Crim 1026
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These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe. 


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