Malicious Communications (MalComms)

Send false message by public electronic communication network to cause annoyance, inconvenience or anxiety

Contrary to s.127(2) Communications Act 2003

[PNLD opens in a new window]

Key Considerations

Person must be aged 16 or over
There must be sufficient evidence to support a successful prosecution
The offence is not too serious and is of a nature suitable for being dealt with by a penalty notice
The suspect is suitable, compliant (e.g. does not refuse the PND) and able to understand what is going on (e.g. is not too intoxicated or does not have a mental disorder)
The offence involves no-one below the age of 16 (e.g. as a co-offender)
There is sufficient evidence as to the suspect’s age, identity and place of residence exists (e.g. suspect is not homeless or a foreign national who is resident outside the British Isles)

A penalty notice will not be appropriate:

where there has been any injury to any person;
where there has been a substantial financial or material loss to the private property of an individual;
where the terms of the Protection from Harassment Act 1997 might apply;
for any offence related to domestic violence;
for any offence where there are aggravating factors (hate crime, e.g. racially motivated or homophobic);
for any football-related offences;
where the suspect is already subject to a custodial sentence (including a Home Detention Curfew) or a community penalty other than a fine (including an Anti-Social Behaviour Order);
if the suspect appears likely to claim the statutory defence to a section 5 Public Order Act 1986 offence.

Updated on 2021-11-12