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Cyber crime is a term that encapsulates any criminal activity using computers or the internet. It pervades many different areas of criminal activity and is now an increasing feature of prosecutions commenced by the Crown Prosecution Service (CPS), the Serious Fraud Office (SFO), the Financial Conduct Authority (FCA) and virtually all other prosecuting agencies. As technology advances at a rapid rate, so does the potential for cyber crime and its increasing appearance in very many investigations and prosecutions. The rate of advance in technology only accelerates its deep complexity and potential for involvement is most allegations investigated by prosecuting agencies.

This complexity means it is also vital to have lawyers who are specialists in the field. HJA have been involved in countless cases that have featured cyber crime. We have successfully defended individuals and corporates in investigations and prosecutions with a cyber crime element.

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How we define cybercrime

Those where a computer and/or the internet is used as the means by which to commit criminal activity. There are a vast number of offences including financial crime and sexual offences.

Those where the target of the criminal activity is an electronic device such as a computer. This might include criminal offences like computer hacking, cybercrime attacks on computers and systems, maliciously creating/spreading computer viruses or forms of identity theft including phishing and identity spoofing and even spamming.

Practically, there are offences that can be committed under specific acts of law that deal primarily with computers and electronic devices, for example offences committed under the Misuse of Computers Act 1990 which covers:

  • Accessing someone else’s computer without their consent
  • Accessing someone else’s computer with the intention of committing a crime
  • You could also be prosecuted under this act if you cause information to be deleted from someone else’s computer to cause them damage
  • Likewise you might be caught by the act if you supply or obtain information which could be used to commit computer misuse offences

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Other cybercrime offences

In addition to these specific offences, there is a much wider array of offences with a cybercrime element to cover many more circumstances:

  • The commission of sexual offences such as grooming or viewing and sharing indecent images
  • Controlling or disrupting computer systems
  • Financial crime including fraud, stealing cryptocurrency or even information or data

Why Contact Hodge Jones & Allen?

The HJA lawyers are considered the UK’s leading experts in both sexual offences and financial crime and can assist with any matter where this is an issue. We have acted in very high profile and complex matters involving cybercrime, routinely securing very successful outcomes for our clients.

Featured Client Cases

Featured Case

Partner Kiran Mehta acted for a Chief Financial Officer in conjunction with an investigation relating to the theft of many millions of euros of cryptocurrency from a global cryptocurrency exchange.

Featured Case

Partner Raj Chada acted for a bank employee who placed an electronic device on an internal computer. The device assisted his co-conspirators to transfer £1million overnight to their own accounts. This was a ground breaking investigation Hodge Jones & Allen Solicitors acted, reviewing banking analysis, internal CCTV and expert evidence in relation to the electrical devices

Featured Case

Partner Raj Chada advised someone alleged to be involved in a fraud covering the UK and US, involving hundreds of fictitious bank accounts and false bank cards – with potential victims transferring money to these accounts via the internet. Hodge Jones & Allen Solicitors acting in ongoing investigation, scrutinizing the police investigation and its efforts.

Featured Case

Partner Kiran Mehta advised an individual in connection with a sexual communications offence involving the use of social media sites and telephones.

Our approach to cybercrime

We will never perceive the cybercrime element of a case as a potential strength in the defence case. The cybercrime element in a criminal investigation or prosecution, whilst complex, is often difficult for prosecuting agencies for a variety of reasons:

  • The cybercrime element of a case poses unique challenges for investigation and prosecuting agencies who often simply do not have the resources or know how to cope with this type of evidence.
  • This provides us with a basis to challenge the evidence on multiple bases: how the evidence was obtained, whether all the evidence was obtained, how the evidence was maintained and the reliability of the evidence and whether these factors all point towards it being unfair to rely on the evidence.
  • We have often deployed these types of arguments to great effect securing the collapse of criminal cases or even preventing a prosecution in the first place.
  • We have access to some of the leading lights in the field of cybercrime, be it barristers or forensic experts, who we have instructed very successfully in the past.
  • Another fertile ground for defence experts is the fact that much of the law used to prosecute criminal offences can be old, and even where recent can fail to keep up pace with technological advancement. We can investigate and evaluate whether the law relied upon to prosecute for a case with a cybercrime element is appropriate at all and this may found a basis to argue that the investigation or prosecution against you ought to be dismissed.

How to get in touch?

  • Top Ranked Solicitors

Our top ranking team have years of experience representing the innocent. We stand up to the prosecution who will always be represented by an experienced solicitor or barrister. We know how to fight and win cases.

  • Here to help

Representing you at the Police Station or in Court If you need urgent representation call us today. Share a few details with us and we’ll let you know how we can help you.

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If you are calling outside our offices hours (9:30am to 5:30pm) call our free phone 24 telephone 0844 8480 222. There will always be someone at the other end of the telephone to assist you.

  • Cybercrime: Individuals & Corporate Businesses

We can act defending individuals and corporate entitles alleged to have committed cyber crime offences. Likewise we have assisted individuals and corporate entitles who have been the victim of cyber crime offences, for example in civil fraud actions to recover funds stolen as a result of cyber crime.

Cybercrime frequently arising in different ways

Other states are often requesting the extradition of individuals from the UK to face charges relating to offences that involve cybercrime. Often a defence objection to such an extradition request will centre round the cybercrime aspects. In this regard, we have one of the UK’s leading extradition departments who can provide advice on the international element of a cybercrime matter. Quite often any sort of alleged cybercrime perpetrated using a computer over the internet goes beyond international borders and, to that end, advice is required from experts on mutual legal assistance and extradition.

Crimes committed over the internet could be committed in a number of countries. It is vital to seek advice from lawyers who can assist with all aspects of the case. HJA has the criminal defence, financial crime and extradition knowledge and experience to guide you through this.

The types of offences that have the potential for a cybercrime element that we can assist you with are:

  • Financial crime related cybercrime. This includes allegations of fraud under the Fraud Act 2006 and can also extend to intellectual property crime – piracy, counterfeiting and forgery.
  • Crimes committed through online marketplaces for illegal items. The internet can also be used by gangs and organised crime groups and networks in the unlawful online trade of drugs, firearms or indecent images of children and frequently prosecuting agencies make allegations based on the same including on the “dark web” and use of “tor” browser.
  • Malicious and offensive online communications, including communications sent via social media, cyberbullying /trolling and virtual mobbing.
  • Offences that specifically target individuals, including cyber-enabled violence against women and girls (VAWG): revenge porn and sextortion. Likewise, Cyberstalking and harassment and coercion and control.
  • Child sexual offences and indecent images of children, including: child sexual abuse, online grooming and prohibited and indecent images of children.
  • Extreme pornography, obscene publications and prohibited images.
  • There are also various offences under the Computers Misuse Act.

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