Criminal Damage Act, 1991
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Proceedings. |
7.—(1) Proceedings for an offence under section 2 or 5 alleged to have been committed by a person outside the State in relation to data kept within the State or other property so situate may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the State. | |
(2) (a) Where a person is charged with an offence under section 2 , 3 or 4 in relation to property belonging to another— | ||
(i) it shall not be necessary to name the person to whom the property belongs, and | ||
(ii) it shall be presumed, until the contrary is shown, that the property belongs to another. | ||
(b) Where a person is charged with an offence under section 2 in relation to such property as aforesaid, it shall also be presumed, until the contrary is shown, that the person entitled to consent to or authorise the damage concerned had not consented to or authorised it, unless the property concerned is data and the person charged is an employee or agent of the person keeping the data. | ||
(c) Paragraph (b) shall apply in relation to a person charged with an offence under section 5 as if the reference to damage were a reference to access and with any necessary modifications. | ||
(3) A person charged with an offence under section 2 in relation to data or an attempt to commit such an offence may, if the evidence does not warrant a conviction for the offence charged but warrants a conviction for an offence under section 5 , be found guilty of that offence. |