(1)The following provisions of this section apply for the interpretation of section 4 above.
(2)In relation to an offence under section 1, either of the following is a significant link with domestic jurisdiction—
(a)that the accused was in the home country concerned at the time when he did the act which caused the computer to perform the function; or
[F1(b)that any computer containing any program or data to which the accused secured or intended to secure unauthorised access by doing that act was in the home country concerned at that time.]
[F1(b)that any computer containing any program or data to which the accused by doing that act secured or intended to secure unauthorised access, or enabled or intended to enable unauthorised access to be secured, was in the home country concerned at that time.]
(3)In relation to an offence under section 3, either of the following is a significant link with domestic jurisdiction—
(a)that the accused was in the home country concerned at the time when [F2he did the unauthorised act (or caused it to be done)] ; or
[F3(b)that the unauthorised act was done in relation to a computer in the home country concerned.]
Textual Amendments
F1S. 5(2)(b) (as second appearing) substituted (S.) (1.10.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 19(2) (with s. 38(1)); S.S.I. 2007/434, art. 2 (the substituting provision being repealed for E.W.N.I. (1.10.2008) by 2007 c. 27, ss. 61(5), 92, 94, Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a))
F2Words in s. 5(3)(a) substituted (1.10.2007 for S. and 1.10.2008 otherwise) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 19(3)(a) (with s. 38(4)); S.S.I. 2007/434, art. 2; S.I. 2008/2503, art. 2
F3S. 5(3)(b) substituted (1.10.2007 for S. and 1.10.2008 otherwise) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 19(3)(b) (with s. 38(4)); S.S.I. 2007/434, art. 2; S.I. 2008/2503, art. 2