A common and particularly unpleasant form of harassment is that involving #malicious communications either through the post, the telephone, Fax, by #cyberstalking through the internet or, an increasing problem, by the use of #Text or #SMS messages sent to #mobile phones.
Under section 1 of the Malicious Communications Act 1998 it is an offence to send an indecent, offensive or threatening letter, electronic communication or other article to another person and sections 85 Postal Services Act 2000 or s127 Communications Act 2003 there are similar specific offences relating to sending #postal or #telephone messages which are indecent offensive or #threatening. Both offences are #punishable with up to #six months imprisonment and/or a fine. Because the Malicious Communications Offence is more wide ranging than the Telecommunications offence it is more likely to be charged by the #Police than the Postal Services or Communications Act offences.
In most cases involving #malicious communications however there will be #more than one offensive or threatening letter or telephone call and therefore the #police will often choose to #charge the #offender with an offence contrary to section 2 of the Protection from Harassment Act 1997. Part of the reason for using this charge is that when someone is convicted of an offence under the Protection from Harassment Act the court can make a Restraining Order preventing them from contacting their victim again. Breach of a Restraining Order is punishable with up to Five years imprisonment. A Restraining Order cannot be imposed for a conviction under the Postal Services or Communications Act offences.
If the messages e-mails, phone calls etc cause the victim to fear that violence will be used agaisnt them then the police can choose to charge the offender with an offence contrary to section 4 of the Protection from Harassment Act 1997 which is punishable with up to Five years imprisonment and also allows the court to make a Restraining Order.
If the offensive or threatening letter, electronic communication or other article is racialist in nature or motivated by religious hostility then charges could be brought contrary to sections 32(1)(a) or 32(1)(b) of the Crime and Disorder Act 1998 . In serious cases offenders could face up to 7 years imprisonment.
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Under section 1 of the Malicious Communications Act 1998 it is an offence to send an indecent, offensive or threatening letter, electronic communication or other article to another person and sections 85 Postal Services Act 2000 or s127 Communications Act 2003 there are similar specific offences relating to sending #postal or #telephone messages which are indecent offensive or #threatening. Both offences are #punishable with up to #six months imprisonment and/or a fine. Because the Malicious Communications Offence is more wide ranging than the Telecommunications offence it is more likely to be charged by the #Police than the Postal Services or Communications Act offences.
In most cases involving #malicious communications however there will be #more than one offensive or threatening letter or telephone call and therefore the #police will often choose to #charge the #offender with an offence contrary to section 2 of the Protection from Harassment Act 1997. Part of the reason for using this charge is that when someone is convicted of an offence under the Protection from Harassment Act the court can make a Restraining Order preventing them from contacting their victim again. Breach of a Restraining Order is punishable with up to Five years imprisonment. A Restraining Order cannot be imposed for a conviction under the Postal Services or Communications Act offences.
If the messages e-mails, phone calls etc cause the victim to fear that violence will be used agaisnt them then the police can choose to charge the offender with an offence contrary to section 4 of the Protection from Harassment Act 1997 which is punishable with up to Five years imprisonment and also allows the court to make a Restraining Order.
If the offensive or threatening letter, electronic communication or other article is racialist in nature or motivated by religious hostility then charges could be brought contrary to sections 32(1)(a) or 32(1)(b) of the Crime and Disorder Act 1998 . In serious cases offenders could face up to 7 years imprisonment.
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The fact that an offensive telephone call, letter e-mail etc may be received in the course of work and have been sent by a work colleague or manager does not justify the message or prevent it being an offence. Offensive messages sent within the workplace can still constitute criminal offences. In addition they may justify a claim for constructive dismissal and compensation under employment law .
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