Malicious Communications Act Offences
Specialist criminal solicitors and barristers at representing clients facing investigation or prosecution for Malicious Communications offences
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.
If you are under investigation or have recently been charged with a malicious communications offence, it is vital to have expert legal advice and representation in Court so that you receive the right advice and enhance your prospects of receiving a successful outcome.
If you would like to speak with one of our solicitors about defending a prosecution under the Malicious Communications Act, call us on 03452229955 or complete our Contact Form.
The Malicious Communications Act 1988
An offence of Malicious Communications is committed where someone sends a letter or any other form of communication that is indecent or grossly offensive, threatening, or contains information which is false or believed to be false. In addition, the purpose for sending the message is to cause distress or anxiety.
An offence of Malicious Communications occurs once the communication is sent and does not have to be received by the intended person. It is the sending and intent of the offender which counts as an offence.
For the Prosecution to secure a conviction, it must be proven beyond reasonable doubt that a person sent to another person a letter, electronic communication or article of any description which conveys:
- a message which is indecent or grossly offensive;
- a threat; or
- information which is false and known or believed to be false by the sender; or
- any article or electronic communication which is, in whole or part, of an indecent or grossly offensive nature
If a person is found guilty of this offence, they will receive a criminal record and the Court has the power to impose a prison sentence of up to 2 years.
The Communications Act 2003
In certain circumstances the prosecution may charge a person under The Communications Act 2003, which is an offence that can result in a prison sentence of up to 6 months, and or a fine of an unlimited amount.
For the prosecution to secure a successful conviction under Section 127(1) of the Communications Act 2003 a person must have:
- sent by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or
- caused any such message or matter to be so sent
A person can also face prosecution under Section 127(2) of the Communications Act 2003 if in order to cause annoyance, inconvenience or needless anxiety to another, the person:
- sends by means of a public electronic communications network, a message that he knows to be false;
- causes such a message to be sent; or
- persistently makes use of a public electronic communications network
Consequences of a Criminal Conviction
Our top-rated criminal defence team understand that being prosecuted will have a devastating impact upon your career, future income and your professional profile. For that reason, we leave no stone unturned when it comes to scrutinising the evidence and planning a strong defence strategy.
We appreciate that for many white-collar workers and regulated professionals a conviction for a crime could result in a professional regulatory body such as the Solicitors Regulation Authority, General Medical Council or Financial Conduct Authority assessing whether you remain suitable to continue in your profession given the criminal conviction on your record. We aim to secure the best possible outcome for all our clients, as a conviction could result in life changing consequences or prevent you from continuing your chosen career path.
It is important to appreciate that a relatively minor conviction, may not result in a custodial sentence (prison). However, a conviction could potentially result in the end of your career or issues with other aspects of your life, such as travelling to other countries for holidays or work. Our lawyers understand that being prosecuted can be a tough time and your case is a priority for us. Instructing our specialist top-ranked criminal lawyers to represent you will give you the best possible chance of a successful outcome and we will fight your corner to win.
Our solicitors appreciate that if you are a public figure or sports personality, a criminal conviction or even investigation could potentially result in suspension from public office or cancellation of sponsorship/advertising deals. It is, therefore, crucial that you instruct a qualified and experienced criminal defence law firm that has previously represented many high-profile clients and professionals, as this will provide you with the best chance of a not guilty verdict.
To contact one of our specialist private crime lawyers, phone us on 0345 222 9955 for an initial telephone case assessment and a no obligation fixed fee quotation or fill out our contact form and we will get back to you.
Why Instruct Kang & Co?
Clients choose us to represent them for their criminal law case (such as arson), because of our excellent track record and understanding approach towards their case, we understand and appreciate the impact of a conviction on your professional and personal life.
We have an outstanding reputation in the industry and regularly receive positive feedback from our clients. Regardless of how serious or minor the offence, our team of skilled criminal law solicitors are well trained, and highly motivated to protect your rights. If you instruct us to defend your case, we will explain everything to you about your prosecution and will discuss your bespoke defence strategy with you in detail and will advise you on all the possible outcomes.
- Fixed Fees: We offer competitive fixed fees for a wide range of budgets;
- Only Qualified Lawyers: If appointed, only a Qualified Solicitor and or Barrister will work on your case;
- Skilled Solicitors: Our Criminal Defence Solicitors have an excellent record in successfully defending criminal charges in the Magistrates’ and Crown Court.
- Tailored Bespoke Service: We meet all our clients at our offices, so that we can properly understand the individual needs and requirements of each client, and prepare a bespoke defence strategy;
- Top-Tier Representation: Due to our skill and expertise in representing professionals charged with criminal offences, our lawyers are frequently appointed to defend clients from all walks of life including prominent business owners, high level professionals and sports personalities;
- Highly Experienced Lawyers: Our clients pay privately, and this enables us to instruct some of the leading criminal defence barristers in the country that have decades of experience, including leading Queen’s Counsel;
- National Coverage: We have offices in Birmingham, Milton Keynes and London and are ideally located to represent clients nationally at Courts throughout England and Wales;
- Best Rated Solicitors: We are recognised as one of the leading law firms in Private Criminal Defence cases;
- 5 Star Law Firm: Our clients frequently leave positive feedback and reviews, as we keep our clients updated and provide honest and skilled advice from the outset;
In addition to having our own in-house barristers and advocates, we also have strong working relationships with very senior members of the Bar (including QC’s) and other leading legal experts in their field who can form part of your legal defence team.
AGREED FEE CRIMINAL LAWYERS
Our Agreed Fees for Private Crime cases start from;
£1500 + VAT
We are a Leading National Private Client Criminal Defence Law Firm, that frequently receives 5-star reviews and positive feedback from satisfied clients on Trustpilot, Google Reviews and Yell.
We are also recognised as a Best Rated law firm in Birmingham and Milton Keynes. This reputation has been developed by providing unrivalled expertise, practical advice, communication and court advocacy.
If you choose to appoint us to defend your case, we guarantee that you will be provided with the best legal representation available, which in turn will provide you with the best chance of a successful result at Court.
Advantages of Paying Privately for a Specialist Criminal Defence Lawyer
- Expertise: There are very limited number of law firms throughout the country that only accept criminal cases on a private fee-paying basis, these lawyers will usually only accept such cases because they possess superior legal knowledge and expertise.
- Communication: Paying for legal representation privately will usually result in better and more frequent communication with your Solicitor and Barrister. Lawyers paid privately will usually respond to e-mails and phone calls quickly.
- Preparation: The amount of time a lawyer spends preparing a case and considering the evidence will have an impact upon the result. Paying privately will ensure that the lawyer can spend enough time on case preparation, which will have a positive impact on the overall outcome of the case. We prepare thoroughly for each case.
- Service: Clients that instruct lawyers via private funds will receive a substantially better service than those using legal aid.
- Quality: The overall quality of legal representation from private client solicitors is significantly superior.
- Consistency: We provide all our clients with consistency and continuity, the lawyer dealing with your case will be the same person from start to finish.
We represent the full range of clients from ordinary people, through to high-net worth individuals, business owners, sports personalities and actors. We are instructed by individuals that are in a financial position to pay privately for legal representation and those that appreciate the benefits of doing this, as opposed to using public funding.
We have significant experience in successfully defending:
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