Malicious Communications - An Update for Criminal Lawyers

Introduction

The Online Safety Act 2023 makes major revisions to this area of law. This topic has also become extremely prominent as a result of the role of social media in the recent riots.

Public figures, customer- facing staff and private citizens can all fall victim to unwarranted attacks on social media, telephone calls and correspondence. Access to social media has led to a huge increase in malicious communications in the last couple of years.

The response of the police has often been to charge under the Malicious Communications Act 1988 or the Communications Act 2003. These provisions are now largely redundant by the coming into force of the relevant parts of the Online Safety Act 2023.

This virtual classroom seminar will update both the prosecution and defence on the law across the area, including new offences and penalties, looking at the important caselaw, pitfalls and procedural issues. Delegates will leave having a thorough grounding on the law in this area.

The session is also updated to include changes to the Criminal Procedure Rules and the Criminal Practice Directions 2023 and also includes the latest judgment from the Court of Appeal on malicious communications.

What You Will Learn

This live broadcast will cover the following:

• The mens rea and actus reus of the main offences
• Limitation issues
• A round-up of significant case law
• Human rights issues - when is ‘free speech’ criminalised?
• CPS legal guidance
• Can you prosecute privately in the face of police inaction?
• Listing arrangements for high profile cases in the Magistrates Court
• Sentencing guidelines
• Ancillary Orders on conviction
• What do you want to know?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.