Malicious Communications Act

If you have been accused of offences under the Malicious Communications Act 1988, you could face prosecution and, if found guilty, a fine and/or a prison sentence of up to two years.

It can be extremely distressing to find that a message or other communication has resulted in a criminal investigation, and you are strongly advised to speak to a malicious communications lawyer as soon as possible if you are being investigated by the police or you have been charged with an offence.

At Parnell and Peel, our malicious communications solicitors can provide excellent representation, ensuring that your rights are observed and that those dealing with your case follow the correct process. We will advise you prior to police station interviews and, should you be charged under the Malicious Communications Act, we will put together the strongest possible defence on your behalf.

Our solicitors are highly experienced and will work tirelessly to gather evidence in support of your position. If you are facing charges or an investigation, contact us now, and we will ensure you have the protection you need.

To speak to one of our malicious communications lawyers today, please call us on 033 00532252 or make a Free Online Enquiry for immediate assistance. All enquiries are completely confidential.

 

Malicious Communications Points To Prove

Under the Malicious Communications Act 1988, it is an offence to send any kind of written, verbal or electronic communication that conveys a message that:

• Is indecent or grossly offensive
• Makes a threat
• Contains information that is false and that the sender knows or believes it to be false
• With the intention of causing the recipient distress or anxiety

Defences To Charges Under The Malicious Communications Act 1988

The prosecution needs to establish each step of the offence beyond reasonable doubt. We will look in detail at what has occurred and identify any weaknesses in the case against you, as well as any gaps in the evidence.

Potential defences include:

• The letter or communication was not sent to anyone; for example, it may have been posted online, but not directed to a particular individual
• The message was not indecent, grossly offensive or a threat
• As the sender, you did not know that the information was false and you did not believe it to be false, which could be the case if you were genuinely mistaken as to a fact
• As the sender, you did not send the message with the intention of causing distress or anxiety; for example, it may have been intended as a joke
• The recipient did not suffer distress or anxiety
• You were coerced or pressured into sending the communication

We will also look at the way in which the investigation and the case against you have been conducted. If there have been any procedural errors or your rights have been infringed, we may be able to ask the courts to drop all charges.

With the extensive use of social media, prosecutions for offences under the Malicious Communications Act have increased over the past few years.

Our team have the experience to provide a comprehensive defence, should you find yourself facing charges or a police investigation. If you contact us as soon as possible, we can put together a strong case on your behalf, securing evidence such as witness statements while the incident is still fresh in people’s minds.

We know that it can be very distressing to deal with this sort of allegation, and you will find our team members to be sympathetic and understanding. We will do all we can to have any charges against you dismissed. Should your case proceed, we will ensure that you have the best available defence and that you are represented in court by an advocate with expertise in defending malicious communications cases.

Malicious Communications Sentencing Guidelines

If a case is heard in the Magistrates’ Court, the sentence could be a fine and/or up to a year in prison.

Should your case be sent to the Crown Court, the sentence could be a fine and/or up to two years in prison.

The courts will consider aggravating and mitigating circumstances in deciding what sentence to pass. Aggravating circumstances could include:

• Whether the recipient of the communication is vulnerable
• If the communication is part of a larger pattern of harassment
• The level of harm caused
• Attempts to avoid detection

Mitigating circumstances could be:

• The action was impulsive and only happened once
• The communication was not targeted
• Any alleged harm was minimal

Contact Our Malicious Communications Act Solicitors

If you have been accused of malicious communication, our experienced Malicious Communications Act solicitors can provide you with a robust defence.

Call us now on 033 00532252 or make a Free Online Enquiry for immediate assistance. All enquiries are completely confidential.