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:
Kang and Co were exceptional in helping me retain my licence after an unfair dash-cam case was brought against me. I was faced with 6 point, a ban and £800 fine, and I received none of these. Win, win, win! Very happy with them.
I would highly recommend Kang & Co Solicitors. Manjinder Kang helped me in a difficult situation and nothing was too much trouble.
Professional from start to finish. High attention to detail within my case despite it being very clean cut charge wise. Highly recommended.
Excellent service delivered by a dependable team. Found them online and no regrets with the quality of representation they offered throughout the case. Always arrived early and ensured good communication at every stage of representation. Corporate service but no hidden charges so you know what you can afford right from initial meeting.
The combination of hard work, expertise and commitment to achieve the best possible result ended up in my acquittal at trial. I believe instructing Kang & Co. at the time that I did made all of the difference in securing a successful outcome. I would definitely recommend Kang and Co. if you need legal representation.
I was summonsed for a speeding offence on the M6 toll where the speed recorded was essentially an automatic disqualification. I pleaded guilty and engaged the services of Kang and Co to plead my case not to be disqualified from driving. My outcome was positive and I retained my licence. I would recommend Kang and Co to anyone who has the need for Legal Representation.
Kang & Co are worth every penny. I have had a very good experience with these solicitors, helping me reduce my inevitable driving ban to as low as I could of possibly wished for.They were very supportive throughout the entire process and I owe them a big thank you for helping me to retain my job.
I found Kang & co a real help when my son found himself the wrong side of the line with a driving offence, they were honest and straight taking and helped my son revive the best outcome in a really bad situation he found himself in,I would honesty recommend these guys when you find yourself in trouble.
I highly recommend Kang & Co Solicitors. From the outset communication was excellent. Manjinder Kang was very professional, polite and showed the highest level of integrity throughout the process. Thank you for the representation in court, which was a must.
Very clearly explained the process, took his time over getting a very clear and accurate history of events and mitigation. Barrister on the day was well prepared, went over key mitigation and presented it well in court, an excellent advocate. Barrister clearly explained possible outcomes and most realistic outcome. Excellent service from initial contact to finishing the court case. Would recommend to anyone.
An Excellent Service, Mr Kang is a highly sought solicitor. Very knowledgable about the subject to hand , and extremely confident with the advice given to me at the time of a stressful situation.
I would recommend Kang and Co Solictors above any other company I’ve spoken too. Above all I got the outcome I desired based upon Mr. Kang expertise.
Manjinder and the team at Kang & Co are absolutely fantastic. From my first 10 minute consultation right through to the final outcome I felt like I was in great hands. The team asked everything they needed from me and formed a defence for my case. I don’t feel like I could of done it without the team at Kang & Co.
I would highly recommend using Kang & Co Solicitors. I received high quality services for the duration of my case, with the right level of honesty and reassurance. All advice provided was extremely clear and Mr Kang always went above and beyond to ensure that I had fully understood any matters discussed.
I would like to say firstly a Big Thank you to Kang and Co especially Mr Manjinder Kang Solister and Mr Thomas Wheeler Barrister an excellent job done. They both know the laws and the perfect outcome. I feel that to have the best is to get the best and this company definitely fits this.
The whole process was very easy and professional from start to finish. All my questions were answered in a way I could understand and I always felt reassured. I got the least sentence I could have imagined due to all of your help and I am very satisfied because of this. Thank you for your help throughout.
The preparation on my case was second to none, this began from the moment I contacted Manjinder Kang and his team, and they were very proactive to look into my case ASAP. The quality of representation in Court at Court was excellent, I was assigned with a Barrister, and someone who had extensive experience in this field. The outcome of your case 6 points, although I was expecting a ban as minimum.
For personal service, security and efficiency I recommend Kang & Co. A complete service with the comfort of a clear and understandable process directed by high quality staff.
I have previously dealt with Carla Riozzi at Kang & Co and would highly recommend her. She was professional and knowledgeable about the law. She kept me up to date with my case and I found her very approachable. I would definitely instruct this firm again. Thank you for your assistance.
Excellent service that we received from Kang & Co Solicitors. Advice was done methodically and easy to understand with a great result. Thank you.
An extremely professional service – full and honest appraisal of situation and a positive outcome. Highly recommend!
Kang & Co Solicitors are very efficient and punctual. They went out their way with their services. My friend recommended them and I will indeed do the same. Excellent quality. Anything I didn’t understand was explained to me. They went out of their way with very short notice for the work I required.
A very straightforward process with minimal stress, given the circumstances. I was listened to, my questions were answered clearly and I was advised of the best and worst case scenarios right from the start. I was very pleased with my representation and the outcome achieved was points and a fine as opposed to a disqualification.
I believe Kang & Co Solicitors is based upon transparency, trust and integrity. I can assure you will receive an excellent bespoke service from beginning to end also have some light at the end of the tunnel during a time when the family is at its knees. My sincere regards to the entire Michelin 5* team at Kang & Co.
Mr Kang who met with me and Mr Wheeler who represented me in court were brilliant, could not have survived the experience without them! Not sure how anyone could, as I, approach an experience like this was for me, a first time appearance in court without seeking help, advice and representation from a lawyer/s such as these two great examples.
I cannot thank Manjinder for all the help and support he gave us prior to and up to my husbands court date. This could of been a very testing time should my husband not have won his case. Special thanks to Mr Shoker who was fantastic on the day.
Amazing service overall. I was impressed with how fast I had responses from emails with any queries or questions. On the day of my meeting with Kang & Co all options were made very clear and the advice I was given provided the result I wanted! I highly recommend Kang & Co, especially for motoring convictions.
An exceedingly competent, professional and dedicated practice lead from the front by Manjinder Kang. In my experience, it is often very difficult to find a professional organisation that truly delivers on their promise of expertise,quality of service, compassion and dedication to their client. I would not hesitate in recommending Kang & Co Solicitors.
On my court date I was assured by a great barrister everything would be done in my best interests and it was – we got the result I needed. I was so impressed by the swiftness of this company really hassle free – kept up to date with everything.
We required advice and representation at a Public Inquiry with the Birmingham Traffic Commissioner and appointed Manjinder of Kang & Co after reading an article that he had published on Transport online. He achieved the best possible outcome for us at the Inquiry – our license was not revoked and our fleet was not curtailed.
I had 11 Taco graph for infringements was Advised to use Kang and Co was contacted straightaway by Manjinder Kang who was very professional and straightforward got working on my case immediately. I was made fully aware of what The consequences was and looking at sentence keep me updated all the time. Very prompt and professional company.
Birmingham Head Office
1 Victoria Square
5 Chancery Lane
Milton Keynes Office
100 Avebury Boulevard
Buckinghamshire, MK9 1FH