Retail Cyber-Attacks: Legal Insight into Hacking Offences and the Consequences of Conviction
As criminal defence solicitors, we understand the growing complexity of cybercrime investigations – particularly in high-profile cases like the recent cyber-attacks on major UK retailers.
In recent weeks, widespread disruptions have affected major retail chains across the UK. Ransomware attacks on businesses such as M&S and Co-op have resulted in system failures, halted online shopping, and the theft of sensitive customer and employee data.
The National Crime Agency (NCA) has now confirmed they are actively investigating the cybercriminal collective known as Scattered Spider, believed to consist largely of young individuals from the UK and the US.
Who Is Behind These Attacks?
The NCA’s cyber-crime unit is focusing on Scattered Spider – a group known for its use of platforms like Discord and Telegram to coordinate attacks.
Many of its alleged members are teenagers or young adults with native English-speaking backgrounds, defying the usual pattern of cybercrime originating in non-English-speaking jurisdictions.
Cybersecurity experts believe the group utilised a toolkit called DragonForce to launch ransomware attacks.
Although the perpetrators remain unidentified, their tactics involve advanced social engineering and impersonation techniques to exploit IT help desks and gain access to systems.
The Serious Legal Consequences of Hacking Offences
Under the Computer Misuse Act 1990, unauthorised access to computer systems is a criminal offence.
Depending on the nature and scale of the attack, defendants could face up to 10 years’ imprisonment for unauthorised access with intent to commit further offences, or up to life imprisonment where the offence leads to serious risk to national security or human welfare.
Other relevant charges may include:
- Possession or distribution of malware or ransomware
- Conspiracy to commit cybercrime
- Fraud by false representation under the Fraud Act 2006
- Money laundering related to proceeds of cybercrime
Young People Facing Serious Charges
In similar past cases, British teenagers have been charged and convicted for their involvement in cybercrime rings.
One ongoing investigation has already led to US charges against a Scottish man, aged 23, and several American teenagers, highlighting the international reach of such cases.
Unfortunately, the ease of access to hacking tools online and a false sense of anonymity can mislead young individuals into believing they are untouchable.
As highlighted in the recent BBC documentary on the retail hacks, even former hackers turned cybersecurity experts warn that detection and arrest are likely outcomes.
Legal defences in these cases must be carefully constructed, with attention to digital evidence, intent, and the age and mental state of the accused.
The Importance of Early Legal Advice
Anyone accused of cybercrime – whether under investigation or arrested – should seek specialist legal advice immediately.
These cases often involve complex digital forensic evidence, international cooperation between law enforcement agencies, and potentially devastating consequences for those accused.
Our defence solicitors are experienced in representing clients facing charges under the Computer Misuse Act and other related legislation. We work diligently to ensure fair treatment, protect our clients’ rights, and present a robust defence where necessary.
How We Can Help
If you or someone you know is facing allegations of hacking, ransomware deployment, or cyber-related offences, contact our specialist criminal defence team today for confidential advice and legal representation by calling us on 0161 477 1121 or email us to speak to one of our dedicated experts.
