The States have voted in legislation changes aimed at strengthening and modernising some of Guernsey’s laws.
This includes updating laws related to cybercrime, and enhancing measures to tackle knife crime, and increasing police powers for public safety.
The law changes specifically target cybercrime and computer misuse, with other laws amended in a bid to address issues related to knife crime and police powers.
Both pieces of legislation were approved by the States today, before coming into force at the start of September.
Seeking to stall cybercrime
In bids to modify existing laws from 1991 and 2003, tackling Computer Misuse and Unauthorised Access, the States are bringing in a suite of changes, with longer jail times for offenders and new legislation making the creation of hacking tools illegal.
The law adjustments will see the maximum sentence for illegally accessing computer material increase from six months to two years in prison, along with an unlimited fine.
The law also clarifies that helping someone else to gain unauthorised access to a computer is also an offence.
This means it will now be a specific offence to perform unauthorised acts that damage computers, prevent access to data, or affect data reliability.
This includes actions taken with ‘recklessness’ – meaning you didn’t intend harm but didn’t care if it happened. The maximum penalty for this new offence will be 10 years in prison.
It will also become an offence to make, supply, or get tools (like software or data) that are intended to be used for computer misuse offences. This will carry a maximum penalty of two years in prison or a fine, or both.
Another new offence of ‘Keeping Secret Sensitive Information’ is being created for postal or telecommunications operators who illegally share information about official notices, like those requiring them to provide communications data.
If found guilty of whistleblowing, a person could face up to five years in prison or an unlimited fine.
However, defences for this are specified under the new law, such as disclosing information to a legal adviser for specific legal purposes.
Combatting knife crime
The States have also amended current laws in relation to knife crime and police powers.
From September it will be an offence to sell or hire knives, knife blades, axes, swords, or other sharp, injury-causing articles to anyone under 18 years old.
However, it remains not an offence to sell a knife or knife blade to someone aged 16 or 17 if it’s designed for domestic use, like kitchen knives.
It will however be an offence to market (sell, hire, offer for sale/hire, or possess for sale/hire) knives or bladed articles in a way that suggests they are suitable for combat, or “encourages violent behaviour”.
Selling knives to under 18s will result in up to 12 months in prison, a fine, or both, from September, whilst unlawful marketing can lead to up to two years in prison, a fine, or both.
The States have also backed wider ‘Stop and Search Powers’, with Police officers of Inspector rank or higher able to authorise these new powers if they reasonably believe serious violence may occur, or if people are carrying dangerous or offensive weapons without good reason.
It’s not the only expansion of powers for the police, as they can now obtain warrants to enter premises, if they’re searching for, and seize articles or publications linked to, the unlawful marketing of knives.
