Criminal Investigations & Prosecutions
“They are fantastic – they are experts who are cerebral and think intellectually about issues.”
CHAMBERS UK 2021
Cybercrime is an umbrella term for a vast range of criminal offences which are on the rise in the UK.
At Corker Binning, the majority of our work has a cyber element. We have the experience to understand both the limitations of computer evidence and the ever-advancing boundaries of it, ensuring that clients are properly advised on the implications of cyber issues in each case. Lawyers at Corker Binning have been dealing with computer crime in its various guises for decades, as defence lawyers, in law enforcement and as prosecutors.
The Computer Misuse Act 1990 creates various offences directly related to the use of computers, but an array of other statutes create cybercrime offences. The UK law enforcement authorities have chosen to classify this type of offence by dividing it into two categories: cyber dependent crime, where a computer is required to engage in the activity (such as hacking), and cyber-enabled crime, where a criminal offence is committed by using a computer.
Some offences involve the computer or network as the target of the activity. This may involve hacking or the use of virus or malware software. Computer security is increasingly hitting the headlines, with high-profile cyber-attacks taking place more regularly and on a greater scale than ever before. Companies, state organisations and even the very fabric of the political system itself are at risk, as well as millions of individuals. Penalties for offences of computer hacking can now be very severe, in some cases attracting 14 years or, in cases involving the risk of serious harm to human welfare, life imprisonment.
Offences in which the computer is the tool of the criminal activity range from financial crime and terrorism, to creating indecent images and harassment. Many “traditional” crimes now have a cyber element, as business and social activities are so frequently carried out electronically. For example, high frequency trading has been the subject of regulatory action and prosecutions and the LIBOR, Euribor and FX investigations required analysis of millions of pages of electronic communication records.
Our lawyers can assist those who find themselves under suspicion in cybercrime investigations with the necessary expertise and experience of the latest developments in this area of the law. We can also assist those who find themselves the victims of cybercrime, helping to present the facts to law enforcement authorities with the utmost efficiency, sensitivity and discretion. We provide clients with strategic advice on responding to cybercrime, including conducting internal investigations and reporting to the police and other authorities.