Showing posts with label MCA 1988. Show all posts
Showing posts with label MCA 1988. Show all posts

Thursday, 11 September 2014

Causes Serious Distress and Offence - So Many Laws Against Them


 "The Rehabilitation of Offenders Act 1974 (c.53) of the UK Parliament
enables some criminal convictions to be ignored after a rehabilitation
period. Its purpose is that people do not have a lifelong blot on their
records because of a relatively minor offence in their past


*****






*****
(Embedded Tweets - click date)

*****

******
(Embedded Tweets - click date)

*****

Thursday 11 September 2014

Stalking prosecutions rise by 20% under new law on harassment

"Behaviour 'causing serious distress' leads to prosecution of 10,535 people, as CPS and Acpo pledge better victim support."

http://www.theguardian.com/law/2014/sep/11/stalking-prosecutions-rise-new-law-cps-acpo-victim-support?

10 September 2014 Last updated at 22:52 ET

Stalking prosecutions at record high after new law

http://www.bbc.com/news/uk-29143668?

1 September 2014 at 6:54am 

Stalking victims to be issued with new guidance 

http://www.itv.com/news/update/2014-09-11/stalking-victims-to-be-issued-with-new-guidance
 
*****

Paladin NSA

http://paladinservice.co.uk

Legislation on harassment

http://paladinservice.co.uk/harassment-legislation

Legislation on stalking

http://paladinservice.co.uk/harassment-legislation/stalking-legislation

Cyber and Digital

http://paladinservice.co.uk/harassment-legislation/cyber-and-digital-legislation

Sunday, 26 January 2014

The Ignorant And Dangerous Unite, Again (5) - It Appears, That Ms Thomas Is Electing To Learn, The Hard Way


https://twitter.com/EveThomas40/statuses/427137394916487169

*****
(Embedded Tweets - click date)

*****

Addendum (27/1/14)

This information, is made available, in prelude, to what may occur, in the future. 

The complainant will act, initially, as litigant in person. 

The courts prefer, that all is done, so as to avoid proceedings needing to take place.

We advise, that Ms Eve Thomas, now seeks, competent, legal advice ...
  
Private prosecutions: an individual’s right

http://thejusticegap.com/2012/06/private-prosecutions-an-individual%E2%80%99s-right

A Guide To Private Prosecution Procedure In England And Wales

http://www.mccue-law.com/wp-content/uploads/2011/09/UK-guide-to-private-prosecution1.pdf

Private Prosecutions

http://www.cps.gov.uk/legal/p_to_r/private_prosecutions


27/1/14 - 1:45 am


If Ms Thomas fails to desist and fails to make her website posting legal, we will clarify what criminal offence she will be prosecuted with, and why, on February 10th, 2014.

An initial stage, will, of course, be to obtain her address, for legal communications.

***** 
 *****
(Embedded Tweets - click date)

*****

29/1/14

The offending web page: http://m.evethomas.co.uk/Internet-Phone-Safety-Advise.html 


(Embedded Tweets - click date)

*****

30/1/14

(Embedded Tweets - click date)

The offending web page: http://m.evethomas.co.uk/Internet-Phone-Safety-Advise.html - modified.

The person, Ms Thomas is now maliciously-harassing, causing anxiety and distress to, and lying about, may still be identified, from that web page.

Cease and desist.

All previous communications, stand, as is.

*****

31/1/14

(Embedded Tweets - click date)

Along with, the offending web page: http://m.evethomas.co.uk/Internet-Phone-Safety-Advise.html

Once again, Ms Thomas, you have linked the person, to paedophiles, child predators and child abusers. Your claims about that person are incorrect and grossly-offensive.

You continue, to maliciously-harass, this person, causing anxiety and distress to him. 

Your lies will not be tolerated.

Cease and desist. 

All previous communications, stand, as is.

Wednesday, 15 January 2014

You Have Been Warned - Again

PUBLISHED: 13:34, 15 January 2014 | UPDATED: 13:37, 15 January 2014

Woman arrested 'after writing on Facebook that her ex was a paedophile next to a picture of him'

">The 41-year-old was cautioned for malicious communications,
>Posted man's name and photo alongside defamatory comments."

http://www.dailymail.co.uk/news/article-2539868/Woman-arrested-writing-Facebook-ex-paedophile-picture-him.html

(Embedded Tweets - click date).

*****
(Embedded Tweet - click date).

*****
(Embedded Tweet - click date).

*****

Deserving And Undeserving Victims - Still No Reply

http://therealosc.blogspot.co.uk/2014/01/deserving-and-undeserving-victims-still.html

The Ignorant And Dangerous Unite, Again (3) - That Pesky Report Button - The Finale

http://therealosc.blogspot.co.uk/2014/01/the-ignorant-and-dangerous-unite-again_7.html

The Ignorant And Dangerous Unite, Again (2) - That Pesky Report Button - The Irony

http://therealosc.blogspot.co.uk/2014/01/the-ignorant-and-dangerous-unite-again.html

The Ignorant And Dangerous Unite, Again (1) - It Only Takes One 'Man', To Change The World

http://therealosc.blogspot.co.uk/2013/12/the-ignorant-and-dangerous-unite-again.html

Monday, 23 December 2013

Eve Thomas - Now Interfering With Our Democratic Rights, Using Lies, Defamation And Malicious Communications


(Embedded Tweet - click date)

*****
*****

Much more to follow, we expect.

Thursday, 30 May 2013

You Have Already Been Advised and Corrected On This One


https://twitter.com/ShyKeenan

Here is the link ...

Broken Truths? (Part 2)

http://therealosc.blogspot.co.uk/2013/02/broken-truths-part-2.html 

However, if you feel, that The OSC has anything to answer to, we will be delighted to meet you, in any legal setting (6 months limit, recall).

You could get your plaything, the bailed, criminal, suspect, Anthony France, to send another minion, to attack, defame and endanger an innocent man, again !!!


That would be very useful.

The OSC

Sunday, 24 February 2013

Broken Truths? (Part 2)

Now the police are 'involved' ... it is always difficult be sure, with these two ladies ...





Please tell us who, ladies, and when?

In passing, this really is a classic, from you, Jim ...


... but, you are 100% correct, here ...



http://www.thesun.co.uk/sol/homepage/news/justice
 
https://twitter.com/ShyKeenan

https://twitter.com/DrSaraPayneMBE

https://twitter.com/ThePhoenixPost

https://twitter.com/Jgineqe

https://twitter.com/search?q=%23sunjustice&src=hash

https://twitter.com/pennymellor

Now, here is a little legal information, on the issues ...

*****

"As the European Court of Human Rights has made clear, Article 10 protects not only speech which is well-received and popular, but also speech which is offensive, shocking or disturbing (Sunday Times v UK (No2) [1992] 14 EHRR 123):

“Freedom of expression constitutes one of the essential foundations of a democratic society ... it is applicable not only to “information” or “ideas” that are favourably received or regarded as inoffensive or as a matter of indifference, but also as to those that offend, shock or disturb ...”

32. Freedom of expression and the right to receive and impart information are not absolute rights. They may be restricted but only where a restriction can be shown to be both:

>Necessary and
>Proportionate.

These exceptions, however, must be narrowly interpreted and the necessity for any restrictions convincingly established (see the judgment of the European Court in the Sunday Times case at paragraph 50)

33. The common law takes a similar approach. In Chambers v DPP [2012] EWHC 2157 (Admin), the Lord Chief Justice made it clear that:

Satirical, or iconoclastic, or rude comment, the expression of unpopular or unfashionable opinion about serious or trivial matters, banter or humour, even if distasteful to some or painful to those subjected to it should and no doubt will continue at their customary level, quite undiminished by [section 127 of the Communications Act 2003].”

34. Prosecutors are reminded that what is prohibited under section 1 of the Malicious Communications Act 1988 and section 127 of the Communications Act 2003 is the sending of a communication that is grossly offensive. A communication sent has to be more than simply offensive to be contrary to the criminal law. Just because the content expressed in the communication is in bad taste, controversial or unpopular, and may cause offence to individuals or a specific community, this is not in itself sufficient reason to engage the criminal law. As Lord Bingham made clear in DPP v Collins [2006] UKHL 40:

“There can be no yardstick of gross offensiveness otherwise than by the application of reasonably enlightened, but not perfectionist, contemporary standards to the particular message sent in its particular context.”

Interim guidelines on prosecuting cases involving communications sent via social media; Issued by the Director of Public Prosecutions, December 2012.

http://www.cps.gov.uk/consultations/social_media_consultation.pdf

*****

... and, of course, distress claimed by one person, does not mean that distress was intended by another. As for Stalking, Harassment etc, under ...

*****

"(2) Communications which specifically target an individual or individuals and which may constitute harassment or stalking within the meaning of the Protection from Harassment Act 1997 or ..."

(2) Communications targeting specific individuals

19. If communications sent via social media target a specific individual or individuals, they will fall to be considered under the Protection from Harassment Act 1997 where they amount to a course of conduct within the meaning of section 7 of that Act. In such cases, prosecutors should follow the CPS Legal Guidance on Stalking and Harassment."

*****

"S.2 offence Harassment

The elements of the section 2 offence are:

>a course of conduct;
which amounts to harassment of another; and
which the defendant knows, or ought to know amounts to harassment of another.
>Or section 1(1A), as inserted by section 125(2) of the Serious Organised Crime and Police Act 2005 (SOCPA)
>a course of conduct;
which involves harassment of two or more persons; and
which the defendant knows or ought to know involves harassment of those persons;
by which he intends to persuade any person (whether or not one of those mentioned above);
not to do something that he is entitled or required to do; or to do something that he is not under any obligation to do.

As a summary only offence, the section 2 offence requires an information or complaint to be laid within 6 months from the time when the offence was committed, or the matter of complaint arose. The 6 months' limitation should run from the last date of the course of conduct alleged.

In determining whether the defendant ought to know that the course of conduct amounts to harassment, the question to be considered is whether a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

Defence - Harassment - section 2

Three defences are available to the section 2 offence:

>that the course of conduct was pursued for the purpose of preventing or detecting crime;
>that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment;
>or that in the particular circumstances the pursuit of the course of conduct was reasonable."

http://www.cps.gov.uk/legal/s_to_u/stalking_and_harassment/#a03b

"Section 2A offence - Stalking

The elements of the section 2A offence are:

>a course of conduct which is in breach of section 1(1) of the Protection from Harassment Act 1997 (i.e. a course of conduct which amounts to harassment) and the course of conduct amounts to stalking.

This means that there has to be a course of conduct which amounts to harassment and that particular harassment can be described as stalking behaviour.

A course of conduct is the same as defined under section 7 of the PHA 1997 and referred to elsewhere in this guidance.

Definition of stalking

Stalking is not legally defined but section 2A (3) of the PHA 1997 lists a number of examples of behaviours associated with stalking. The list is not an exhaustive one but gives an indication of the types of behaviour that may be displayed in a stalking offence. The listed behaviours are:

(a) following a person,
(b) contacting, or attempting to contact, a person by any means,
(c) publishing any statement or other material relating or purporting to relate to a person, or purporting to originate from a person,
(d) monitoring the use by a person of the internet, email or any other form of electronic communication,
(e) loitering in any place (whether public or private),
(f) interfering with any property in the possession of a person,
(g) watching or spying on a person.

Section 2A is a summary offence and a person guilty of the offence of stalking is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine.

As a summary only offence, the section 2A offence requires an information or complaint to be laid within 6 months from the time when the offence was committed, or the matter of complaint arose. The 6 months' limitation should run from the last date of the course of conduct alleged.

An integral part of the stalking offence is establishing that harassment has taken place. In determining whether the defendant ought to know that the course of conduct amounts to harassment, the question to be considered is whether a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other."

http://www.cps.gov.uk/legal/s_to_u/stalking_and_harassment/#a03d 

Cyber stalking

"Harassment can take place on the internet and through the misuse of email. This is sometimes known as 'cyberstalking'. This can include the use of social networking sites, chat rooms and other forums facilitated by technology. The internet can be used for a range of purposes relating to harassment, for example:

>to locate personal information about a victim;
>to communicate with the victim;
>as a means of surveillance of the victim;
>identity theft such as subscribing the victim to services, purchasing goods and services in their name;
>damaging the reputation of the victim;
>electronic sabotage such as spamming and sending viruses; or
>tricking other internet users into harassing or threatening a victim.

Further guidance can be found in Communications Offences, elsewhere in the Legal Guidance."

http://www.cps.gov.uk/legal/s_to_u/stalking_and_harassment/#a05a

*****

20. Where communications target a specific individual and the offence of blackmail is made out, prosecutors should seek to prosecute the substantive offence.

21. Again, where there is evidence of discrimination, prosecutors should pay particular regard to the provisions of section 28-32 of the Crime and Disorder Act 1998 and section 145 of the Criminal Justice Act 2003 (increase in sentences for racial and religious aggravation) and section 146 of the Criminal Justice Act 2003 (increase in sentences for aggravation related to disability, sexual orientation or transgender identity)."

Interim guidelines on prosecuting cases involving communications sent via social media; Issued by the Director of Public Prosecutions, December 2012

http://www.cps.gov.uk/consultations/social_media_consultation.pdf

Public consultation on the Interim Guidelines on prosecuting cases involving communications sent via Social Media (by March 13 2103)
http://www.cps.gov.uk/consultations/social_media_consultation_index.html

Consultation on the Interim Guidelines on Prosecuting Cases involving Communications sent via Social Media - Summary of Responses 

http://www.cps.gov.uk/consultations/summary_of_responses_on_social_media_guidelines.html

21/06/2013 02:24

CPS Publishes Full and Final Social Media Prosecution Guidelines

http://www.huffingtonpost.co.uk/brian-john-spencer/social-media-law_b_3475608.html 

20/06/2013

DPP publishes final guidelines for prosecutions involving social media communications

http://www.cps.gov.uk/news/latest_news/dpp_publishes_final_guidelines_for_prosecutions_involving_social_media_communications/

Guidelines on prosecuting cases involving communications sent via social media 

http://www.cps.gov.uk/legal/a_to_c/communications_sent_via_social_media/index.html

*****

2013

Stalking and Harassment 

http://www.cps.gov.uk/legal/s_to_u/stalking_and_harassment

Communications Offences 

http://www.cps.gov.uk/legal/a_to_c/communications_offences

Guidelines on prosecuting cases involving communications sent via social media 

http://www.cps.gov.uk/legal/a_to_c/communications_sent_via_social_media/index.html 

23.2.2013 

Is the prosecution of cyberstalking and online harassment in the UK a postcode lottery?

http://regainyourname.com/news/cyberbullying-cyberstalking-and-online-harassment-a-uk-study

*****

... they are, clearly, poorly-drafted and conflicting statutes/case law, and require legal/policy challenge, bearing in mind the precedents, described above.

The OSC

*****

Thursday, 20 June 2013

Freedom of Speech

http://bastardoldholborn.blogspot.co.uk/2013/06/freedom-of-speech.html#.U6r93kCa_sR

*****

2014

Guidelines on prosecuting cases involving communications sent via social media

http://www.cps.gov.uk/legal/a_to_c/communications_sent_via_social_media