This chapter examines key forms of computer related crimes. Computer fraud is a topic that attracts much legal and media attention. As the name suggests, it is essentially a variant of well-established principles of this area of the law. If a perpetrator obtains funds belonging to a victim through some form of deception or manipulation, this will be considered criminal with the most significant legal issues being concerned with the question when or where an offence has occurred. The deliberate promulgation of computer viruses or malware is also generally regarded as a criminal offence although there are issues regarding the degree of intent that needs to be established to secure a conviction. Viruses are generally spread through the conduct of individuals other than those who create to program. Conduct might be characterized as negligent rather than deliberate and will generally not be criminal. Similar issues of intent and knowledge may arise in respect of other forms of conduct such as denial of service attacks.
Chapter
12. Detecting and prosecuting computer crime
Chapter
5. Inside the State
Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter examines the limits of State jurisdiction under international law. It begins by considering the limits of a State's legislative jurisdiction, its jurisdiction to prescribe laws. It covers jurisdiction over territory; maritime jurisdiction; jurisdiction over nationals; protective jurisdiction; universal jurisdiction; and other extra-territorial extensions of jurisdiction. The discussions then turn to treaty-based jurisdiction; competing and conflicting jurisdiction; extradition and legal co-operation; resolving jurisdictional conflicts; and immunities and other limitations on the exercise of a State's jurisdiction.
Chapter
9. International parent–child abduction
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on child abduction whereby a parent takes a child out of England and Wales. It looks at two forms of parent–child abduction—removal without consent, and retention once consent has expired—and considers methods of preventing child abduction, including port alerts and court orders. The chapter also discusses the role of the International Child Abduction and Contact Unit (ICACU) in the recovery of an abducted child under the Child Abduction and Custody Act 1985, as long as the child is in a country that is signatory to the Hague Convention 1980, Hague Convention 1996, or European Convention. It concludes by considering extradition of the guilty parent to England and Wales.
