Sam Thomas

This Practice Note explains the offences that can be committed under the Computer Misuse Act 1990 (CMA 1990). These include the offence of causing a computer to give unauthorised access to data or programmes (computer hacking), the offence of unauthorised access with intent to commit further offences and the offence of committing unauthorised acts with intent to impair the operation of a computer. It also explains the offence of unauthorised acts committed in relation to a computer which cause or create a risk of serious damage of a material kind introduced by the Serious Crime Act 2015. This note also covers the offence of making, supplying or obtaining articles for use in offences under the CMA 1990, ss 1, 2, 3, 3A or 3ZA, as well as the elements of all offences and the sentences which may be imposed on conviction. The territorial extent of the computer hacking and computer misuse offences are also explained.

This Practice Note is part of a suite of Practice Notes providing practical guidance on professional fitness to practice (FtP) proceedings before the healthcare regulators. This Practice Note provides a guide to General Optical Council (GOC) fitness to practise proceedings, investigations, and applications to be restored to the Register. The GOC regulates registered Optometrists as well as Dispensing Opticians. It should be read in conjunction with Practice Notes on Common Principles in fitness to practice proceedings and Criminal Proceedings in healthcare regulatory proceedings.

This Practice Note explains the offences relating to the misuse or mishandling of personal data under the Data Protection Act 2018 (DPA 2018). It covers the data protection offence of unlawfully obtaining of data, re-identification of de-identified data, the alteration of personal data to prevent disclosure, the prohibition of requirement to produce relevant records as well as the offences which can be committed during an investigation by the Information Commissioners Office (ICO) of obstruction, making a false statement in response to information notices and destroying or falsifying information. The Practice Note also explains the scope of these data protection offences, the available defences as well as the maximum sentences which can be imposed on conviction.

This Practice Note covers the role of the NHS as a regulator of professionals it engages, to provide medical services as part of the National Health Service provision. It explains the function of performance lists for General Practice Medicine, Dentistry and Optometry on behalf of the NHS as means of ensuring that appropriately qualified professionals are available to work in the NHS. It covers the process for inclusion on the performance lists which is a prerequisite for any professional working in the NHS. It also covers the conditions of inclusion on the operating list, the duties imposed upon those on the performance lists together with the powers of regulation to investigate potential breaches of conditions of inclusion including hearings, appeals and sanctions if breaches are found to have occurred.