Send false message by public electronic communication network to cause annoyance, inconvenience or anxiety
Contrary to s.127(2) Communications Act 2003
- PND Code: DA02
- CCCJS: CA03007
- Recordable
- HO Class: 196/07
- £90 fine
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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.