Malicious Communications

Discussion in 'Finance, Property, Law' started by DannyFishcharge, Jan 30, 2013.

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  1. Been talking to a mate tonight, and here's the scenario so far.
    3 years ago he meets a woman who he gets on well with, she's married but already split from the husband and living on a mates sofa. He decides he really likes her, and she is a great lass, so they get a place together and she gets a divorce. They then married a few months after the decree absolute came through, and I was at the wedding, great day etc etc.
    Well, since day one of getting with my mate, he's had constant shit from the ex husband, emails, through Faceache etc, and she is petrified of her ex, as he's meant to be a nasty bastard. Treated her like shite, didn't work, but excelled at being a ****** and dealing class A narcotics.
    Anyway, after 2 years of harassment from the ex, my mate fires an email back to him, basically saying do one, or I will hunt you down and **** you up.
    You can guess what happens next, plod knocks the door and invites my mate to the station for a taped interview over allegations of threats to kill. The results of the interview get passed up to the inspector who apparently decides if its worthy of a court case. Well, turns out it was, but is now down to malicious communication and not the original threats to kill.
    He goes to court and is asked to plead guilty or not guilty. He goes not guilty on the basic principal that he's no more guilty than the prick accusing him. So now a new court case has been set for March, and the ex husband has to attend. My mate deleted all the communications from the ex husband, so has no hard evidence as backup, bit silly but like he said, he'd read it, have a giggle and hit delete.
    The next twist though, and here's the crucial one! My mate and wife are due to move permanently to Malta in March, about 2 weeks before the hearing. What will happen if he just does one to Malta? I'm guessing a failure to appear and an arrest warrant out for him, but will they chase him all the way to Malta for it? Will the hearing go on without him? What happens if its heard in his absence and he's found guilty? Not sure where things stand on this, so any help would be appreciated.
  2. Seek professional legal advice.
    • Like Like x 2
  3. Its you isn't it. I doubt that there will be a warrant out for you if you do one, but you it will come back to haunt you for sure. As has been said, seek legal advice rather then come to a forum full of nuts for advice.
    • Like Like x 1
  4. Negligent-Discharge

    Negligent-Discharge LE Book Reviewer

    Hear, hear Cabana... go straight to a lawyer before the usual wanchors wake and scribble all over things. My guess is that they wouldn't chase "your mate" but wait for him at LGW or LHR when he returns to get some rain...
  5. And further to the above advice.... Never threaten, just do it. Unexpectedly, violently and unemotionally.
    • Like Like x 8
  6. The magistrate will issue a Fail to Attend warrant which will be placed on the Police National Computer (PNC).

    It will be marked Not Backed For Bail. On his next interaction with Police, he will be arrested, taken to the nearest Police Station and kept there until the next available Magistrates Court. If he is arrested on a Friday or Saturday, that could mean until Monday.

    He is unlikely to be chased by Police to Malta given the lack of seriousness but it will not go away and will remain on PNC until it is resolved at Court.
    • Like Like x 1
  7. I'm a police officer, so I have some knowledge of this. If "your mate" doesn't turn up for his trial date then, as you correctly suggest, a warrant will most likely be issued for his arrest in the first instance. If, however, the court believes he has "voluntarily absented himself", then it's a matter for the Magistrates to decide whether or not to proceed in absence.

    If they decide to leave it as a warrant, then your friend will be arrested as soon as he comes to the notice of the authorities in the UK. There is no time limit to this, as he has already been charged. It is highly unlikely he will be pursued to Malta for a Malicious Comms matter, but the moment he wants to return to the UK, he will have this hanging over him. He will not be granted bail, either.

    If the court proceeds in absence, the trial will be held without him; it leaves his solicitor on a very sticky wicket and means he will be unable to advance much of a defence beyond what he has already said in interview. It also looks appalling to the court. I have never seen an absent defendant found Not Guilty. However, if he is found NG, the warrant will still be in force - by Failing to Appear, as he would have been warned when he left the police station, he commits a separate offence for which he can be fined, imprisoned or both. Ironically, he may face a harsher penalty for FTA (usually imprisonment, even for first offence) than he would for a Guilty verdict on Malicious Comms (highly unlikely, but depends on past).

    If the court reaches a verdict of Guilty, then the sentence will hang over his head as well as the arrest warrant. If he were to then be arrested, he will commence his sentence immediately - which could be an immediate detour to one of Her Majesties' institutions, without any further appearances or recourse to the courts.

    Curiously, if the police get wind of his intention to move prior to the court hearing, his bail can be cancelled and he can be immediately arrested for that as well. In short, it would be much better for him to turn up and have it over with.
    • Like Like x 1
  8. Also if the ex has been sending abuse via facebook etc its logged somewhere.
    Emails domt just disappear when you hit the delete button as so many people have discovered to there cost.
    • Like Like x 1
  9. Get a good solicitor, Try to get a computor geek type to try to get some of your mates Deleted emails out.

    Attend the court and then **** off to Malta and put it behind you !
    • Like Like x 2
  10. I received a brace of oak smoked kippers, from the isle of man, through the post once, they were quite malicious...... errm....delicious!
  11. Another point to consider as well - if your mate did think 'f*ck it' and decide to crack on to Malta, PNC is now linked to the passenger lists of all flights. E-Boarders its called. Ergo, if you're 'wanted' on PNC it'll get flagged up well before you turn up at the airport, and plod will be waiting for you at Arrivals/Departures.

    Posted from the ARRSE Mobile app (iOS or Android)
  12. Your "friends" story smells fishy like cernunnos kippers.

    It's been 3 years since I left plod but I doubt that Inspectors now make charging decisions, they certainly didn't then.

    Posted from the ARRSE Mobile app (iOS or Android)
  13. I hope you will put it about that the ex is a snitch, and that he has soon got it coming to him from his fellow low life turds.
    • Like Like x 1
  14. just be careful mate.

    after yera of my ex cheating lying and messing my head up, she finally runs off with another bloke two weeks after 'losing' my unborn child.

    i knew it had been going on, but had bigger things to worry about other than some soppy 25 year old ******** who was 'well into bmx'

    any hoo, cue loads of abusive calls and texts and fb hate campaigns claiming i was harrasing her, threatening her ,begging her back ect, which prertty much led to me ******* off the world for a bit, any hoo, some how she gets a hold of my new number, casue i get a 'blocked' call from *********, threaterning to hunt me down and sort me out, and i am a no good wife being child neglecting ****.

    so i put him straight, told him i knew where he lived, ect ect.

    two weeks later he gets stabbed to death in croydon (april 1st) for doing the same bullshit to another bloke who's brother happened to be a bit more of a psycho than first thought, and fair play tbh, matey boy and his little gang beat the **** out of the autistic brother of said psycho.

    anyhoo,on with the plot. guess who gets a serious visit from the rozzers after finding 1 marginally threatening text from my phone......

    hence i record all calls to and from my ex now
    • Like Like x 1
  15. Although your mate deleted all communications from the ex-husband, do the communications networks not keep a record for a certain period of time?

    I know that this 10min vid deals with phone companies but perhaps there is a way to have them open their servers, or at least their databases with regards to the comms. Malte Spitz: Your phone company is watching | Video on

    Also, just to let you know. (I do not mean to patronise you). Did you know that computer data is never actually deleted*. What happens is that when something is deleted the entry within the computer Operating System that tells the OS where the file is marked as being able to be written over, the first 1 or two letters of the filename is changed to a ?, from then on the computer can't find the file and the area of the hard disk that held the file is then available to be used as though there is nothing there. SO. As long as your mate still has his computer, and he/she has not downloaded a ton! of videos, music etc and has actually written over the ?areas then it may be recoverable!

    To do this there are a number of programs available. Free and otherwise. Here is one that I have used recently:: Recuva - Undelete, Unerase, File and Disk Recovery - Free Download

    If your mate has any doubts about how to use this software (its pretty straight forward, though it may take ALL NIGHT to go through the drive) then he can hire a company to do it for him. He would probably have to take the hard drive out of the machine, pack it in a non-static and shock proof package, send it to them (perhaps they will pick it up), and they can do it professionally. The fee is likely to be in the hundreds. As the drive is then evidence he may NOT use it in his computer again. He can ask the company that reconstituted the drive to "clone"* the drive, perfectly legal (I think), so that he has the original drive (reconstituted) and a copy of that drive (reconstituted and usable as his normal OS drive, just like it was before sending for recovery, except that it now has the old files on it too!). Many people clone their drives, for a variety of reasons. It may be the way forward. He may also want a Affidavit from the Company stating what they where asked to do, the technical details of the hard drive in question, what they then did, what they then found etc. He may also want to sending anything and everything by Recorded Delivery, his word alone will not be enough for a Court.

    I am not offering any guarantees that he will be successful in recovering the drive data but to be honest mate. When on the run, you stay on the run. Either till you die or are caught. That is not, in my opinion, Just. Your mate and his missus deserve to be happy and the ex deserves to be in jail. (I am of course accepting that you and your mate are telling the truth, no offense intended). My advice is to fight not run. I am sure that the majority of people would agree that it was stupid of your mate to send and email threatening someone but he is justified in his anger and in his wish to protect both himself and his wife. He should continue with what he has, accidentally perhaps, begun.

    I hope this is of use to you. I will check back every now and again to see if I have been of any use to you.

    Good Luck! (* = lookup)