Malicious Communications Offences
Malicious communications offences are treated very seriously and can have life-changing consequences for anyone facing an accusation. Having expert legal advice from a team that specialises in these types of offences is key.
At JD Spicer Zeb, our criminal defence solicitors have the knowledge and experience to effectively handle all types of cases related to malicious communications law. When instructed, we will be well placed to advise you on your situation, take you through the steps that need to be taken to build your defence, and to represent you during any court proceedings that may follow.
Our diligent approach has meant that we have been able to consistently achieve the best possible outcomes for all of our clients, whether this be to help them avoid charges, to have charges dropped, or to secure not guilty verdicts in court. In cases where avoiding conviction is not possible, we will take every available measure to make sure that any malicious communications sentences are minimised as far as possible.
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There is limited recourse for you if you are falsely accused. Click a selection of the cases we have covered. The best thing you can do is to instruct an excellent solicitor from the outset.
If you are arrested for malicious communications, you will have the option of working with a duty solicitor. However, we strongly believe that our team’s experience and skills will make the all-important difference when it comes to your prospects of achieving a positive outcome.
No matter what situation you may be facing, we always strongly advise that you do not speak to the police without a solicitor being present.
Our malicious communications solicitors provide:
- 24/7 legal support in person and over the phone, 365 days a year
- Representation anywhere in England or Wales
- Accredited Police Station Representatives to support you during a police interview
Clear, effective legal advice in any language (see our languages spoken)
Speak to our malicious communication solicitors today
For a free initial consultation on your legal position and the available options, contact our local offices in London, Birmingham or Manchester.
For urgent advice at any time of day or night regarding a malicious communications offence please call our Emergency Number 07836 577 556.
Our expertise with malicious communications offences
At JD Spicer Zeb, our malicious communications solicitors can offer you:
- The support of a criminal defence team with over 45 years of experience, including for malicious communications charges related to the Malicious Communications Act 1988 and Communications Act 2003.
- The skills needed to cover every possible detail that could be involved in a malicious communications offence so you can be sure you have the most comprehensive defence.
- Straightforward advice in plain English so you understand exactly what steps are being taken.
- A team that are always in your corner and are ready to fight for your fair treatment.
- An excellent track record of achieving positive outcomes for our clients under even the most difficult circumstances.
- Established relationships with leading criminal defence barristers across the country.
- Close personal support through every stage of criminal proceedings.
- Law Society accreditation for Criminal Litigation reflecting our specialist expertise
- Lexcel accreditation for the high standards of our legal practice
Pre-charge bail
If you are interviewed under caution for malicious communications offences, you may subsequently be released on pre-charge bail. Pre-charge bail (also simply referred to as being released on bail) is often granted in cases where the police need more time to conduct their investigation.
After you are released on pre-charge bail, you will usually be subjected to various bail conditions, such as not being able to visit certain places, contact certain people and/or being required to attend the police station on a certain day.
To find out more in relation to pre-charge bail, please use the links provided below:
- Pre-charge bail and Released Under Investigation (RUI)
- On Bail But Not Charged - What Does It Mean?
- How long can you be on bail without charge UK?
Fees and Funding
We are always clear and transparent when it comes to the costs involved in a malicious communications case.
Legal aid may be available in some cases and will depend on the seriousness of the case, your current financial situation and whether it justifies the grant of public funding.
For clients that do not qualify for legal aid, the alternative option will be to fund a case privately.
To find out more about the way we handle fees (both legal aid public funding and private fees), please use the links provided below:
Related offences
Please note that our expert solicitors also provide advice and support with related matters, including:
Related cases
Common questions about malicious communications offences
What is malicious communications?
Malicious communications refers to any form of communication which is deemed to be grossly offensive or indecent.
Malicious communications offences can be committed under either the Malicious Communications Act 1988 or the Communications Act 2003.
Under the Malicious Communications Act 1988, a person commits an offence if he sends a communication which is indecent or grossly offensive in order to cause distress or anxiety.
The Online Safety Act 2023 repealed certain provisions of the Malicious Communications Act 1988. Previously, communications were considered to be malicious if they conveyed:
- A threat
- Information that is false and is known to be so by the sender
Following these repeals, two new offences, false communications and threatening communications, have been created under the Online Safety Act 2023. Thus, this conduct is no longer criminalised under the Malicious Communications Act 1988.
Under the Communications Act 2003, a person commits an offence if he sends or causes to be sent a communication that is grossly offensive or of an indecent, obscene or menacing character. A person also commits an offence if he sends or causes to be sent a communication he knows to be false in order to cause annoyance, inconvenience or needless anxiety. Malicious communications can be sent in breakdowns in relationships, friendships, online communications electronically, orally or by letter. We have also experience of cases with breakdowns between business or work colleagues and also neighbours or community or other social groups.
What is the punishment for malicious communications?
Malicious communications sentencing guidelines vary depending on the legislation used.
If someone is guilty of an offence under the Malicious Communications Act 1988, they could be sentenced to 12 months’ imprisonment or receive a fine, or both, following a conviction in the Magistrates’ Court, or a prison sentence of up to two years or a fine or both on conviction in the Crown Court.
In contrast, offences under the Communications Act 2003 can only be heard in the Magistrates’ Court and result in a prison sentence of up to six months or a fine.
Can you go to court for malicious communications?
Yes, it is possible for a malicious communications charge to proceed to court. However, with the support of our expert criminal defence solicitors, we can significantly reduce this potential, building the strongest possible defence from the moment we are instructed.
Can you defend a malicious communications charge?
There are plenty of variables which can affect the defences that could be available to an allegation of malicious communications.
Detailed consideration will need to be paid to whether the communications fulfil the criteria of being malicious, and whether the intention behind sending the message can be proven.
Often communications can be classed as reasonable with the prosecution failing to prove otherwise.
Contact our malicious communications solicitors now
If you are due to attend the police station for interview, have been charged with a malicious communications offence require any urgent specialist advice or immediate representation, please do not hesitate to get in touch.
You can contact a member of our dedicated team of criminal defence lawyers in London, Birmingham, and Manchester by telephone on:
- Brent & Camden London Office: 020 7624 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 as soon as possible.
24/7 legal representation for malicious communications
Please get in touch for a free initial consultation with one of our experts in defences against malicious communications charges, as well as for immediate advice and representation.
For immediate representation and advice, you can contact our Emergency Number: 07836 577 556 and we will provide you with the urgent assistance you need.
Useful Information
- How can I get the CPS to drop the charges against me?
- How can I get the police to drop charges against me?
- How can I get the police to caution me?
- Police Stop and Search UK
- Pre-charge bail - What You Need to Know
- Read our Police Station Advice Guide
- Recovering Your Property From The Police
- Released Under Investigation - What You Need to Know
- Types of Evidence used in Law
- Voluntary Police Interview - What You Need to Know
- What is a 'No further action' letter?
- What to expect in Police Custody
- Why Choose a Private Solicitor for a Magistrates' or Crown Court Case?