These are broadly defined as:
- Cyber-dependent crimes: crimes that can be committed only through the use of Information and Communications Technology (ICT) devices, where the devices are both the tool for committing the crime and the target of the crime; and
- Cyber-enabled crimes: traditional crimes which can be increased in scale or reach by the use of computers, computer networks or other forms of ICT (such as cyber-enabled fraud and data theft).
Our clients come to us seeking support and guidance through what can be a daunting criminal justice system. We offer representation from the earliest stages of an investigation through to the conclusion of proceedings. Where our clients are facing investigation, we have close links with the country’s leading forensic experts, who can locate and interpret digital evidence missed by the authorities. Where our clients have been victims of cyber crime, we have direct access to the industry’s leading cyber security experts, ensuring complete protection and peace of mind.
We also advise businesses and broadcasters in relation to developments in cyber crime, ensuring their understanding of the growing number offences that can be committed online and how to avoid falling foul of the law or victim to attack.
Our expertise
BCL are ranked in Band 1 for Crime in Chambers and Partners and Band 1 for Crime: General in The Legal 500.
We know the toll that being subject to investigation can take. Our team of specialist and skilled lawyers will provide an empathetic and supportive environment while working tirelessly for you to prepare your most effective response.
We provide beginning to end representation to guide you through the entire course of an investigation, including in connection with:
- offences under the Online Safety Act 2023;
- ‘hacking’ offences under the Computer Misuse Act 1990, including causing a computer to perform a function with intent to secure unauthorised access, and unauthorised access with intent to commit or facilitate commission of a further offence;
- offences under the Investigatory Powers Act 2016, including intentionally intercepting communications;
- economic related cyber crime, including fraud, theft, and intellectual property crime;
- offences committed on social media, including offences under the Malicious Communications Act 1988, such as sending communications with intent to cause distress or anxiety;
- offences under the Protection from Harassment Act 1997, including cyber-stalking and harassment;
- blackmail and extortion; and
- sexual offending online, including offences involving indecent images of children, extreme pornography, and disclosing, or threatening to disclose private sexual images without consent (sometimes referred to as ‘revenge porn’ or ‘sextortion’).
Our practical assistance in this area includes:
- representation during police investigations and interviews under caution, whether in custody following arrest or as a voluntary attendee;
- assistance during dawn raids and searches of your home or business premises;
- making representations against charge to prosecution agencies, including police forces, the National Crime Agency, and the Crown Prosecution Service;
- instructing specialist forensic and cyber security experts;
- defending charges at trial at magistrates’ court and crown court;
- advising in relation to appeals against conviction and sentence, as well as representation throughout Court of Appeal proceedings;
- internal investigation and due diligence; and
- support and assistance to victims and witnesses in cyber crime cases.
Our experience
Examples of our instructions include:
- Advising a business in relation to potential criminal liability after it was discovered that a former employee had accessed and taken copies of sensitive company emails following their dismissal. The former employee had intended to use the emails in high-value employment proceedings however they were prevented from doing so on account of the unauthorised manner in which they were obtained.
- Representing an academic and businessman facing allegations of making and possession of indecent images of children. Following the instruction of a specialist forensic expert who was able to locate evidence suggesting our client would not have seen the offending material found on his computer, our client was acquitted at trial.
- Advising the Chief Executive of a prominent UK regulator experiencing online harassment perpetrated by an organised criminal gang. This unusual case culminated in the conviction and imprisonment of two members of the gang.
- Acting for a young professional who had been the victim of a long running campaign of harassment and stalking by her former partner, including by making threats to disclose private intimate photographs. Despite the police initially deciding to take no further action, our client’s case was re-investigated following a successful application under the Victims’ Right to Review scheme.
- Launching a claim before the Investigatory Powers Tribunal in respect of a section 49 RIPA notice obtained by the police in connection with an investigation into our client’s use of various online accounts.
Our reputation
BCL has long been top-ranked by the major legal directories in the area of Crime and is currently ranked as follows:
- Band 1 – Chambers and Partners, Crime
- Tier 1 – Legal 500: Crime
- Leading Firm – The Times Best Law Firms: Financial Crime & Fraud & Regulatory
