ABSTRACT

The transnationality, intangibility and the fast rate of change of internet communication combine to make the formulation, enactment and implementation of digital crime legislation inherently problematic, even at the level of the nation state. In the UK, and many other countries, there are several different forms of law: common law, statute law, case law, Acts of Parliament, Statutory Instruments, and by-laws. In terms of digital crime, statute law is probably of the greatest relevance. Statute law is written law, and is the foundation of the current legal system in England and Wales. The Council of Europe, G8, the United Nations, the Commonwealth and the European Union have all created initiatives that seek to harmonise digital crime legislation and provide for mutual legal assistance. In the UK a magistrates' court conducts summary trials and deals with less serious criminal cases. The Crown Court hears more serious criminal cases including indictable offences such as murder, rape and manslaughter.