Section 3A is an amendment added to the Computer Misuse Act by the Police and Justice Act 2006. This amendment stated that it was a criminal offence to make, supply or obtain articles for use in an offence under sections 1, 3, or 3ZA.

An individual is guilty of an offence if:

· They make, adapt, supply, or offer to supply any article intending to be used to commit or assist in the commission of a CMA offence

· They supply or offer to supply any article if they believe that it is likely to be used as part of a CMA offence

· They obtain any article intending to use it to commit, or assist in the commission of a CMA offence

Under Section 3A, the term article is used to define any program or data held in electronic form.

Should an individual be found guilty of a breach of CMA Section 3A they may be liable to:

· On summary conviction (a minor offence) up to 12 months in prison or a fine

· On conviction on indictment (a serious crime) up to 2 years in prison or a fine

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