Cyber Crime & Online Offences

Cybercrime and online offences encompass a broad spectrum of unlawful acts, from fraud to dating scams, stalking to bullying and trolling. At DJMS, our team of expert lawyers regularly act for clients accused of all types of cybercrime and online offences.

What are cybercrime and online offences?

There are two main types of cybercrime and online offences:

• Cyber-dependent crimes
• Cyber-enabled crimes

What are cyber-dependent crimes?

Cyber-dependent crimes can only be committed online. Examples of common cyber-dependent crimes include:

• Hacking
• Ransomware
• DDos attacks
• Malware

What is the sentence for cyber-dependent crimes?

The sentence for cyber-dependent crimes depends on the nature and severity of the offence. For example, a conviction for hacking may result in anything from a fine to life imprisonment.

Examples of the types of issues a Court will look at when deciding on an appropriate sentence in hacking cases include:

• Whether there was any motive for the hacking, like personal gain or revenge.
• The extent to which the victim was harmed. In cases involving hacking into the networks of large organisations, the financial losses may be considerable.
• Whether the hacking was planned and targeted.

Are there any defences to cyber-dependent crimes?

We will carefully review the circumstances of your case to identify any possible defence to the charges. For example, to prove hacking, the Crown Prosecution Service must establish unauthorised use of or access into networks by exploiting security vulnerabilities or bypassing security steps. Showing that you were unaware that your actions in accessing the material were unauthorised may enable us to defend you on that basis. Using our extensive experience of defending these often-complex cases, we will ensure that robust digital forensic expert evidence is obtained where necessary.

What are cyber-enabled crimes?

Cyber-enabled crimes are traditional crimes committed online. They differ from cyber-dependent crimes in that they can be carried out without the internet, but their scale and impact are often more significant because they are carried out online rather than offline.

Examples of common cyber-enabled crimes include:

• Online grooming
• Cyberstalking and harassment
• Cyber fraud
• Romance scams
• Impersonation scams
• Cryptocurrency scams
• Employment scams
• Possessing indecent images of children

What is the sentence for cyber-enabled crimes?

Again, the sentence for cyber-enabled crimes depends on the nature and severity of the offence. For example, with indecent image offences, the images are divided into three categories from A to C, depending on the nature of the material they depict. The relevant offences range from possessing indecent images to distributing them. The sentence for distributing a category A image will generally be more severe than that imposed for possessing a category C image. The former offence can result in up to 9 years imprisonment, whereas the latter may only warrant a Community Order.

The Court will also take account of individual circumstances when deciding on the appropriate sentence, including:

• Any previous convictions
• The child’s age and vulnerability
• Whether there is evidence of genuine remorse for the crime

Are there any defences to cyber-enabled crimes?

How we defend the cyber-enabled crime charges against you depends on the offence involved and the circumstances of the case. For example, in cases involving indecent images of a child on a computer, we may be able to defend the charges if you can prove that you did not ask for the image to be sent and deleted it as soon as you realised what it contained.

How can DJMS help?

Being charged with cybercrime and online offences can have profound consequences on your personal life, reputation, and career. We are on your side. We fully understand the urgency and impact of such matters and will act quickly to protect your position and minimise any fallout. Our decades of experience in the field make us ideally placed to assist anyone facing cybercrime and online offence charges, including young people and those with mental health problems.

The first time you become aware that you are under investigation for cybercrime or online offences might be when the police turn up on your doorstep with a warrant to seize your devices. Calling us immediately is essential. We are on call 24 hours a day, 7 days a week, and will be by your side immediately. We will take over liaising with the police on your behalf insofar as possible, to avoid them sending you further correspondence and causing more distress.

Investigations into cybercrime and online offences can take many months to complete since they require input from skilled professionals to undertake a forensic examination of your devices. We will guide and support you throughout the prosecution process, working alongside our own experts where necessary and putting together the most robust defence possible.

Get in touch with DJMS Solicitors

For more information or if you or a loved one require urgent advice and/or representation following allegations relating to online offences, please contact DJMS’ specialist team.