What are the malicious communications sentencing guidelines?

Malicious communications offences involve sending messages intended to cause distress or anxiety, whether by letter, email, text, social media or other electronic means. These cases are taken seriously by the courts, and sentences can range from fines and community orders to imprisonment in more serious situations.

Sentencing is based on the harm caused to the victim and the offender’s level of culpability. Harm can include psychological distress or fear, while culpability considers factors such as intent, planning and persistence. Offences can be dealt with in either the Magistrates’ Court or the Crown Court, depending on seriousness.

Courts begin by assessing the level of harm and the offender’s intent or recklessness. They then consider any aggravating factors, such as repeated behaviour or targeting a vulnerable victim, along with any mitigating factors, such as remorse or a lack of previous convictions. This ensures that the final sentence is fair and proportionate.

At JD Spicer Zeb, we provide clear advice on how these guidelines may apply to your case. This information is intended as general guidance only. If you need legal support with a malicious communications allegation, please contact our team.

What are malicious communications?

Malicious communications are messages sent with the intention of causing distress or anxiety to the recipient.

Under the Malicious Communications Act 1988 and the Communications Act 2003, this can include letters, emails, text messages, social media posts, or other electronic communications.

The content may be threatening, abusive, or grossly offensive, and the offence is complete once the message is sent, regardless of whether it is received or read.

These offences are taken seriously by the courts due to their potential to cause emotional harm and damage to a person’s wellbeing.

What factors aggravate a sentence for malicious communications?

Aggravating factors for malicious communications include targeting a vulnerable or young victim, sending repeated or sustained messages, using anonymous or disguised identities to evade detection, and coordinating harassment with others.

Additional aggravation may arise if the offence is motivated by hostility towards a protected characteristic, such as race, religion, disability, sexual orientation, or transgender identity, in which case the sentence can be increased under hate crime provisions.

Offences committed while on bail or under a court order also carry greater weight. These factors can significantly increase the seriousness of the offence and result in a harsher sentence from the court.

Are there different sentencing tiers for malicious communications based on severity?

Yes. Sentencing for malicious communications is structured in tiers, reflecting the seriousness of the offence.

The Sentencing Council categorises cases based on harm (ranging from minimal to severe emotional distress) and culpability (from lower intent to deliberate targeting and persistence).

Less serious cases may result in a fine or community order, while more severe cases—such as those involving threats of violence or prolonged harassment—can lead to custodial sentences.

What's the maximum sentence for sending malicious communications?

The maximum sentence for sending malicious communications depends on the legislation under which the offence is charged.

Under the Malicious Communications Act 1988, the maximum penalty is two years’ imprisonment, an unlimited fine, or both, when tried in the Crown Court.

Under section 127 of the Communications Act 2003, the maximum sentence in the Magistrates’ Court is six months’ imprisonment, an unlimited fine, or both.

The choice of legislation and court depends on the facts and severity of the case. Sentencing will also be influenced by the presence of aggravating or mitigating factors specific to the circumstances.

What mitigating factors might reduce a sentence for malicious communications?

Mitigating factors for malicious communications include a lack of prior offending, evidence of remorse, steps taken to address the behaviour (such as counselling or rehabilitation), and cooperation with the investigation.

An early guilty plea can also reduce the sentence by up to one-third. The court may take into account personal circumstances, such as mental health issues or provocation, if relevant to the offending behaviour.

Where the offence was isolated and out of character, this can further mitigate the penalty. These factors may lead to a more lenient outcome, such as a community order rather than immediate custody.

Do previous convictions impact sentencing for malicious communications?

Yes, previous convictions, particularly for similar offences, can significantly impact sentencing for malicious communications.

The court will view repeat offending as an indicator of persistent unlawful behaviour, increasing culpability and the likelihood of a custodial sentence.

If prior convictions involve harassment, stalking, or other offences against the same victim, this will further aggravate the case.

However, if past convictions are unrelated and historic, their impact may be less significant. The court’s priority is to assess whether the offender poses an ongoing risk to the public and whether a more severe penalty is necessary for deterrence.

Related offences

We also provide support and guidance on various other matters that are related to malicious communications offences, including:

• Computer Misuse Act Offences
• Social Media Offences
• Malicious Communications Offences
• Revenge Porn Offences
• Cybercrime Offences
• Indecent Images

Fees and funding

We are always clear and upfront when it comes to legal fees.

If you are required to attend court for an offence, you may be eligible for Legal Aid. Whether you can access Legal Aid will depend on whether the grant of public funding is justified on a means and interest of justice basis.

Where you do not qualify for Legal Aid, the alternative will be to fund the case on a private basis.       

To find out more about the way we handle fees (both Legal Aid and private fees), please use the links provided below:

• Our Fees – Crime Cases
• Do I Qualify for Criminal Legal Aid?
• Private criminal defence
• Bespoke Crime Private Fee Service
• Will Your Private Legal Costs Increase?
• Do we offer free consultations?

 Contact our malicious communications solicitors now

If you are due to attend the police station, require any urgent specialist advice, or immediate representation, please do not hesitate to get in touch.

You can contact our malicious communications solicitors in London, Birmingham, and Manchester by telephone on:

• Brent & Camden London Office: 0207 624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333
• City of London: 0207 624 7771 (our senior Solicitors and Partners can meet by appointment in the City)

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

24/7 legal representation

For immediate representation and advice, you can contact our Emergency Number: 07836 577 556, and we will provide a prompt, friendly response.