Cybercrime Prosecutions

Cybercrime is a prolific and rapidly growing challenge for businesses, individuals, insurers and regulatory organisations. As traditional prosecuting bodies such as the Police, Crown Prosecution Service and Serious Fraud Office face increasing demands on their resources due to financial cutbacks, private prosecutions can be a viable alternative for victims of cybercrime. 

Cybercrime is defined by the Government's National Cyber Security Strategy as :

• “Cyber- dependent crimes - crimes that can be committed only through the use of information and communications technology, ICT devices where the devices are both the tool for committing the crime and the target of the crime (eg developing and propagating malware for financial gain, hacking to steal, damage, distort or destroy data and/or network or activity).
• Cyber- enabled crimes - traditional crimes which can be increased in scale or reach by the use of computers, computer networks, or other forms of ICT (such as cyber enabled fraud and data theft).”

In both a corporate and personal environment, a significant benefit of private prosecution is speed. Using the team's expertise, rapid action can be taken to attempt to stop any ongoing damage being caused by cybercrime activity.

The team can deal with prosecutions relating to:

• Hacking
• Electronic financial fraud
• Transaction fraud
• Phishing & scam emails
• Data theft & breaches
• Cyber fraud
• Trolling & cyber bullying
• Identity theft
• Stalking & harassment
• Malicious communications
• Revenge porn
• Intellectual property theft - piracy, counterfeiting & forgery
• Mandate fraud

Cybercrime can also take the form of disruption of computer functionality, including:

• Viruses
• Trojans
• Worms
• Spyware
• Ransomware

Cyber-related offences can be privately prosecuted under a wide range of legislation, including:

• The Computer Misuse Act 1990
• The Data Protection Act 2018
• The Malicious Communications Act 1988
• The Communications Act 2003
• The Criminal Justice and Courts Act 2015
• The Prosecution of Offences Act 1985

There are also often jurisdictional issues to consider with many cybercrimes emanating from overseas. We can pragmatically and realistically assess whether a private prosecution is proportionate and worthwhile in the circumstances.

Bringing a private prosecution is a decision that cannot be taken lightly. There are significant financial and reputational implications to consider, as well as complex and technical legal factors. It is important to get expert legal advice from the outset before considering a private prosecution.

Given the multidisciplinary components of the Crime Prosecutors team, we can advise on all aspects of the prosecution process from the preservation of digital evidence, expert forensic opinion, disclosure and assessment by experienced Crown Court Prosecution barristers and K.C.s.

We can also advise on the range of appropriate sentences following trial, including compensation orders, confiscation orders and the recovery of costs.

If you, your business or organisation have been the victim of cybercrime, get in touch to find out if you have the basis of a private prosecution case.