Have you been charged with Unauthorised Access to or Modification of Restricted Data?
If so, you will need the services of an experienced criminal lawyer.
Can the prosecution make out their case? Did you cause any unauthorised access to or modification of restricted data? Did you know it was unauthorized? Did you mean to cause access or modify the data?
These are the type of questions you should consider, in consultation with a specialist criminal lawyer. You may have more options than you realise.
Please read below for more information in relation to this charge.
The offence
Section 247G of the Crimes Act 1958
The prosecution must prove:
the defendant caused any unauthorised access to or modification of data;
the defendant intended to cause the access or modification; and
the defendant knew the access or modification was unauthorised.
The maximum penalty
Level 7 imprisonment being a maximum of 2 years.
Where will my case be heard?
Unauthorised Access to or Modification of Restricted Data is a summary offence and would be heard in the Magistrates’ Court.
What to do next?
You should contact an experienced criminal lawyer as soon possible in order to achieve the best possible outcome for your matter. Do not hesitate. The more time a legal practitioner has to prepare for your matter, the better your result is likely to be.
The legislation
Section 247G Unauthorised Access to or Modification of Restricted Data
(1) A person who —
(a) causes any unauthorised access to or modification of restricted data held in a computer; and
(b) knows that the access or modification is unauthorised; and
(c) intends to cause the access or modification—
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) In this section restricted data means data held in a computer to which access is restricted by an access control system associated with a function of the computer.
