Have you been charged with Unauthorised Impairment of Data Held in Computer Disk, Credit Card or Other Device?
There are certain legal defences you may be able to raise in relation to your matter, and there are many questions you should consider.
Can the prosecution make out their case? Did you cause any impairment to the computer disk, credit card or other device? Did you mean to do it? Did you know it was unauthorised?
You should engage the services of an experienced criminal lawyer to discuss your matter immediately. Please read below for more information in relation to this charge.
The offence
Section 247H of the Crimes Act 1958
The prosecution must prove:
the defendant caused any unauthorised impairment of data held on a computer disk, credit card or other device;
the defendant intended to cause the impairment; and
the defendant knew the impairment was unauthorised.
The maximum penalty
Level 7 imprisonment being a maximum of 2 years.
Where will my case be heard?
Unauthorised Impairment of Data Held in Computer Disk, Credit Card or Other Device is a summary offence and is usually heard in the Magistrates’ Court.
What to do next?
Contact an experienced criminal lawyer and discuss your legal options today. Consulting a solicitor as early as possible will help you to achieve the best result in your case.
The legislation
Section 247H Unauthorised Impairment of Data Held in Computer Disk, Credit Card or Other Device
(1) A person who —
(a) causes any unauthorised impairment of the reliability, security or operation of data held on a computer disk, credit card or other device used to store data by electronic means; and
(b) knows that the impairment is unauthorised; and
(c) intends to cause the impairment —
is guilty of an offence and liable to level 7 imprisonment (2 years maximum).
(2) An offence against this section is a summary offence.
(3) For the purposes of this section, impairment of reliability, security or operation of data is unauthorised if the person is not entitled to cause the impairment.