Cyber Crime Solicitors in Birmingham

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With our technical and legal expertise, we can advise on every aspect of internet crimes. Whether you have been the target of such activity or you are facing a criminal investigation, we will help you take control of your case.

To arrange a free, initial consultation with one of our computer crime solicitors in London, Birmingham or Northampton, call us on 0300 303 2071 or email info@witansolicitors.co.uk.

Please be aware that we do not provide a no-win, no-fee option for our criminal law services. To learn more about our pricing, reach out to our team today.

What is Cybercrime?

As the name suggests, cybercrime refers to any crime committed using the internet with the intent of exploiting human or security vulnerabilities. You may also hear this branch of law referred to as computer crime, internet crime or cybercrime.

Our Specialist Expertise

Our internet crime lawyers can advise on a range of issues, including:

• Cyber fraud and theft
• Cyberstalking
• Cyberterrorism
• GDPR violations
• Hacking
• Identity theft
• Malicious online communications
• Maliciously creating and spreading viruses
• Online harassment
• Phishing scams
• Revenge port
• Use of the dark web

How We Can Help

If you or your business has been accused of committing a cybercrime, there is no need to worry. Whether you have been arrested, on bail or charged with a cybercrime, our cybercrime lawyers can help at any stage. We understand how the National Crime Agency’s Cyber Crime Unit deals with internet crimes and will guide you through the entire process. Our experts will prepare a strong defence to clear your name and ensure that a favourable outcome is achieved.

Not to mention, we can advise those who have been affected by computer crime. With our practical legal advice, you can take control of the situation and protect your best interests.

Our Criminal Law Experts

Our multidisciplinary team of criminal defence lawyers understand that cybercrimes are usually not just a criminal issue. In many cases, cases involve dispute resolution and employment law considerations. The good news is that with us as your legal partner, you benefit from a Legal 500 recognised team that specialises in a range of practice areas.

For immediate action, call our experts on 0300 303 2071 or email info@witansolicitors.co.uk.

Why Choose Witan Solicitors?

Cybercrime is a growing area of the law, with many complexities. To get a favourable outcome, it is wise to seek advice from our internet crime solicitors. With our extensive knowledge of the laws around cybercrime, you can make an informed decision about how you would like to move forward. With us by your side, you benefit from:

• 100+ years of combined practice law experience
• Proven track record of winning cases since 2014
• Legal 500 recognised law firm 
• Unmatched cybercrime expertise
• Multilingual legal professionals
• Cybercrime solicitors in Birmingham, London and Northampton

FAQ

What is an indecent image offence?

This refers to the creation, distribution or downloading of indecent images of anyone under the age of 18. Those who view such images online are usually charged with the ‘making’ offence as a copy of the image has been saved to their device. If a person views a legal adult website and knows that pop-ups showing indecent images will appear, they may be charged.

When reviewing images and deciding the most appropriate sentence, the police and judges will use the following categories:

• Category A – Images involving penetrative activity or sexual activity with an animal or sadism
• Category B – Images involving non-penetrative activity
• Category C – Indecent images that do not fall into category A or B

What are malicious communications?

Under Section 1 of the Malicious Communications Act 1988, it is a criminal offence to send someone an electronic message that is indecent or grossly offensive or contains a threat or false information to cause distress or anxiety. Those who commit this offence can face up to 2 years in prison.

Section 127 of the Communications Act 2003 makes it an offence to send a message via a public electronic communications network, such as Twitter, Facebook or Instagram that is grossly offensive, indecent, obscene or menacing. There is no requirement for the sender to have any intended consequence.

In addition, it is an offence to send a false message or persistently make use of a public electronic communications network with the intention of annoying, inconveniencing or distressing the recipient. Those who are guilty can face up to 6 months in prison.

Other offences that may give rise to malicious communications include:

• Blackmail
• Contempt of court
• Harassment
• Publishing an obscene article
• Revenge porn
• Stalking
• Threats to kill

What is cyberstalking and harassment?

Section 2 of the Protection from Harassment Act 1997 makes it an offence to act in a way that amounts to the harassment of another person if the offender knows or should know their conduct amounts to harassment. This course of conduct must involve unacceptable or oppressive conduct on at least two occasions that affect the victim.

Under Section 2A, stalking covers situations where a person commits harassment and their conduct involves acts or omissions associated with stalking, such as contacting or attempting to contact the victim by any means, publishing any material about the victim online or even monitoring the victim’s use of the internet

Under Section 4, it is an offence to pursue conduct that amounts to harassment and causes another person to fear that violence will be used against them on at least two occasions if the offender knows or should know that their conduct will cause fear in each of those occasions.

Similarly, Section 4A makes it an offence to pursue conduct that amounts to stalking and either causes fear that violence will be used on at least two occasions or causes serious alarm or distress that affects the victim’s day-to-day activities. The offender must know or should know that their actions will cause alarm, distress or fear on each occasion.

What is sextortion?

Put simply, sextortion is where individuals exploit embarrassing or potentially incriminating sexual information about others and demand payment, threatening to release the information if they are not paid. The extorter will be guilty of blackmail and can face up to 14 years in prison.

Our cybercrime lawyers have a wealth of experience advising victims of sextortion and will be by your side throughout this difficult process.

What data protection offences can be committed?

There are many offences under the Data Protection Act 2018, including:

• Section 170 – It is an offence to sell or offer to sell data obtained without the consent of the data controller
• Section 170(1) – It is an offence to obtain, disclose or retain personal data without the data controller’s consent
• Section 148(2) – It is an offence to destroy, dispose, conceal, block or falsify information in response to an information or assessment notice
• Section 173(3) – It is an offence to alter, deface, block, erase, destroy or conceal materials to prevent disclosure via a data subject access rights

Our experienced cybercrime lawyers can assist both individuals and businesses in protecting their data and meeting their GDPR requirements.

What is hacking and computer misuse?

Section 1 of the Computer Misuse Act 1990 makes it an offence to knowingly use a device to hack into another device to secure unauthorised access to material. Section 2 sets out further offences that carry fixed sentences or a sentence of at least 5 years, such as fraud while Section 3 makes it an offence to hack with the intent of impairing the operation of a device.

Under Section 32A of the Serious Crime Act 2015, it is an offence to act recklessly or intentionally cause or create a significant risk of serious damage to a device.

Section 3A of the Computer Misuse Act 1990 makes it an offence to create, supply or obtain articles for use in computer misuse offences such as malware.

Under the Terrorism Act 2000, it is an offence to use or threaten an action designed to seriously disrupt a computer system to influence the government or intimidate the public to advance a religious, political or ideological cause.

What is cyber fraud?

Cyber fraud can take a range of forms, including:

• Phishing
• Online banking scams
• Creating false identities to obtain banking details through social media
• Cryptocurrency-related fraud

What evidence can be gathered to prove a cybercrime?

To prove a cybercrime, the following evidence may be gathered:

• Hardware
• Software
• Documents
• Image files
• Emails and attachments
• Databases
• Financial information
• Internet browsing history
• Chat logs
• Event logs

Can the police seize your devices if you have been accused of committing an internet crime?

Yes, the police can organise a search warrant and take your phone, computer and any other hardware from your premises.

Can you be charged for a computer crime in another country?

Yes, if you have committed cybercrime abroad, that jurisdiction can apply to have you extradited to appear in their courts.

What is the maximum penalty for cyber fraud?

If convicted in the Crown Court, you can face up to 10 years in prison. Whereas, those convicted in the magistrates’ Court face up to 12 years in prison or a fine.

The maximum sentence for the possession of articles for use in fraud is 5 years in prison and/or a fine.

What is online identity theft?

Put simply, online identity theft is where one person assumes the identity of another person online and uses this information to buy goods or services online.