Can you be charged with malicious communication?

Can you be charged with malicious communication?

The Malicious Communications Act 1988 and The Communications Act 2003 make it a criminal offence for individuals to send messages which are indecent, grossly offensive or contain threats. A criminal prosecution under this legislation can result in a criminal record, a fine and potentially a prison sentence.

Can you go to court for malicious communications?

Malicious communications is not a summary only offence; it is an either way offence. This means that you, the defendant, can choose whether the case is heard in the Magistrates’ Court or the Crown Court.

Is sending abusive emails illegal?

The sending of the email or text does not need to be directed at the intended victim. Sending harassing emails or texts to a third party could constitute the criminal offence and civil wrongdoings of harassment .

What is the Malicious Communications Act 1988?

Malicious Communications Act – A Case Study. Under the Malicious Communications Act 1988 it is an offence for any person to send another person a letter, electronic communication or article of any description which intends to cause distress or anxiety to the recipient.

Is it an offence to send malicious communications?

Malicious Communications Act – A Case Study Under the Malicious Communications Act 1988 it is an offence for any person to send another person a letter, electronic communication or article of any description which intends to cause distress or anxiety to the recipient. The offence carries a maximum sentence of 2 years’ imprisonment.

What is the criminal legislation for stalking and harassment?

Criminal Legislation. This section covers the criminal legislation most relevant to cases of stalking and harassment. The PHA was brought into force on 16 June 1997 and was amended by the Protection of Freedoms Act 2012 to include two new specific offences of stalking, through the insertion of sections 2A and 4A.

What is the maximum sentence for stalking in the UK?

Stalking (section 2A): a summary only offence, carrying a maximum of six months’ imprisonment and /or a level 5 fine; Fear of violence (section 4): an either way offence, carrying a maximum of ten years’ imprisonment and/or a fine on indictment;