Malicious Communications Act Offences Lawyers

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 03308189825 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:

1. a message which is indecent or grossly offensive;
2. a threat; or
3. information which is false and known or believed to be false by the sender; or
4. 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:

1. 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
2. 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:

1. sends by means of a public electronic communications network, a message that he knows to be false;
2. causes such a message to be sent; or
3. 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 specialist 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 0330 818 9825 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 Malicious Communications), 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.

In addition to having our own trusted barristers and advocates, we also have strong working relationships with very senior members of the Bar (including KC’s) and other leading legal experts in their field who can form part of your legal defence team.