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Original poster

Just been accused of being a person of interest in a malicious communications offence that happened years ago

330 replies

justbeenaccused · 30/09/2023 12:39

I received a letter from the police summoning me to the station of a voluntary interview. I am a person of interest in a malicious comms case that occured in 2019.

Does this mean I am a suspect, or a witness etc.?
How can I find out who reported me ?

OP posts:
JC89 · 30/09/2023 19:26

This reply has been withdrawn

This message has been withdrawn at the poster's request

AmandasFleckerl · 30/09/2023 19:39

Hanlonsamazer · 30/09/2023 18:12

I know you think you know what you’re talking about. But you don’t.

Tell me, how would you find a message I had sent, and prove beyond reasonable doubt that I sent it, if you didn’t have it on my phone/laptop/tablet/computer.

You can use diagrams to make your answer clearer.

Screenshots sent by a “complainant” aren’t admissible btw.

Show quote history

The police have the power to seize and retain property that is relevant to an investigation. This includes mobile phones, which can be confiscated as evidence in most criminal cases. The police can seize a phone if they believe it contains evidence that is relevant to an investigation – this might be text messages, call logs, or photos. The phone can also be confiscated if the police believe it was used to commit a crime, or if it is necessary to prevent the destruction of evidence.
The police have the power to access and retrieve data from a mobile phone. They may do so if they believe the phone contains relevant information that could assist an investigation. The police might also use this power, if they believe the phone is connected to a serious crime, or if they are trying to prevent a crime from taking place.

Original poster
justbeenaccused · 30/09/2023 19:56

just to be clear, no idea who reported me, likely my cousin as he has threatened me with this after I went to the police about his abuse of me recently

OP posts:

Interested in this thread?

Then you might like threads about this subject:

Crime
Original poster
justbeenaccused · 30/09/2023 20:03

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

just to clarify, i suspect it was my cousin, do not know who told the police abt it

OP posts:
wutheringkites · 30/09/2023 20:09

do not know who told the police abt it

So do you know exactly what post/message the police are talking about?

Reugny · 30/09/2023 20:23

Hanlonsamazer · 30/09/2023 14:04

Prove it…

Show quote history

You mean happen to go for a sail and accidentally drop your non-backed up phone in the sea?

Now where have we all heard that before? And who lost?

Original poster
justbeenaccused · 30/09/2023 20:25

wutheringkites · 30/09/2023 20:09

do not know who told the police abt it

So do you know exactly what post/message the police are talking about?

I have no idea

OP posts:
Hanlonsamazer · 30/09/2023 21:27

AmandasFleckerl · 30/09/2023 19:39

The police have the power to seize and retain property that is relevant to an investigation. This includes mobile phones, which can be confiscated as evidence in most criminal cases. The police can seize a phone if they believe it contains evidence that is relevant to an investigation – this might be text messages, call logs, or photos. The phone can also be confiscated if the police believe it was used to commit a crime, or if it is necessary to prevent the destruction of evidence.
The police have the power to access and retrieve data from a mobile phone. They may do so if they believe the phone contains relevant information that could assist an investigation. The police might also use this power, if they believe the phone is connected to a serious crime, or if they are trying to prevent a crime from taking place.

Show quote history

Thanks for that Hmm

Hanlonsamazer · 30/09/2023 21:28

Reugny · 30/09/2023 20:23

You mean happen to go for a sail and accidentally drop your non-backed up phone in the sea?

Now where have we all heard that before? And who lost?

Show quote history

Ah yes, in that famous criminal case that Colleen Rooney brought against Rebecca Vardy.

SurprisedWithAHorse · 30/09/2023 21:31

Hanlonsamazer · 30/09/2023 21:28

Ah yes, in that famous criminal case that Colleen Rooney brought against Rebecca Vardy.

Show quote history

It may not have been criminal but it was certainly famous. You recognised what she was talking about. And is it not relevant as an example of what happens when you try to destroy phone evidence?

ETA: Vardy brought it against Rooney.

OrangeBlossomPretty · 30/09/2023 22:25

Can you just get a new phone?

VisionsOfSplendour · 30/09/2023 22:33

OrangeBlossomPretty · 30/09/2023 22:25

Can you just get a new phone?

How would that help? They won't be looking at something stored only on the OPs phone that wouldn't be communication
.it must be some thing either sent to another person or posted somewhere public, after 4 years it quite likely that the device it was written on or sent from is gone anyway

Original poster
justbeenaccused · 30/09/2023 22:35

VisionsOfSplendour · 30/09/2023 22:33

How would that help? They won't be looking at something stored only on the OPs phone that wouldn't be communication
.it must be some thing either sent to another person or posted somewhere public, after 4 years it quite likely that the device it was written on or sent from is gone anyway

Show quote history

Yeah, I changed phones many times. Would the police bother to track down the account to me after 4 years? even if it was a 'hate crime' i.e. I might have said rude stuff about a transgender family member?

OP posts:
sofasunday · 30/09/2023 22:40

I think I have figured it out, who else have you told about the sexual assault? The fact you accused your cousin of sexual assault (unproved) could count as a malicious communication, especially if your cousin
is saying it’s caused them some harm. As an aside there was a Netflix interrogator show about this situation

Seryse · 30/09/2023 23:35

Something is really off here.

GuinnessBird · 30/09/2023 23:57

OP are you the poster who has been harassing their cousin and other family members via social media?

If you are who I think you are then you know what you have done.

DontLeanOnTheKeyboard · 01/10/2023 00:10

Just an aside….a ‘no comment’ interview is a dream for a decent police interview. They should go through all possible defences in their questions, and your ‘no comment’ kind of looks stupid in court when it’s used as your excuse.

Asto what they have on you, disclosure can be staged, to give you the opportunity to tell the truth, and to show you asa liar should you decide to go ‘no comment’.

Solicitors (usually paralegals to be truthful) will always advise ‘no comment’ hoping you’ll not have a competent interview. It all starts looking a bit shit in court when you suddenly ‘remember’.

Tilllly · 01/10/2023 05:23

You "might have said rude stuff about a transgender family member"?
Yes, I imagine the police will "track down" the account details

VisaWoes · 01/10/2023 07:00

justbeenaccused · 30/09/2023 22:35

Yeah, I changed phones many times. Would the police bother to track down the account to me after 4 years? even if it was a 'hate crime' i.e. I might have said rude stuff about a transgender family member?

Show quote history

So were the rude comments about them in general or did you make reference to them being trans in your rude comments? Because the latter is very much a hate crime. And yes I imagine the police will totally go after you.

Daftasabroom · 01/10/2023 07:26

AmandasFleckerl · 30/09/2023 19:23

So did they change it after you signed it or did you sign it and not check it? Was no one prosecuted because of your statement being incorrect?

They’re asking the OP for an interview, not a witness statement and just because your statement was ‘changed’ doesn’t mean that no one should ever speak to the police.

Show quote history

I was under arrest and refused to sign it. Events kind of took over but three officers were disciplined.

DinnaeFashYersel · 01/10/2023 07:43

got myself a solicitor already

Why don't you ask your solicitor all of these questions

popebishop · 01/10/2023 08:29

VisaWoes · 01/10/2023 07:00

So were the rude comments about them in general or did you make reference to them being trans in your rude comments? Because the latter is very much a hate crime. And yes I imagine the police will totally go after you.

Show quote history

A hate crime is something that is already a crime, with added elements of motivation due to some protected characteristic (Not all of them - misogynistic motivations are not currently one of the "hate" PCs). So being rude doesn't suddenly become a crime in and of itself because of PCs. If you burned down a shop, that's a crime, and if you did it because the owners' race/ religion/ sexuality, that would make it a hate crime.

However this is about malicious comms so it could be proven to be part of a pattern of harassment etc, which can be a crime.

(There are also non-crime hate incidents, where the police were obliged to investigate if any person (not necessarily the person who was present or had comments aimed at) perceived that an incident - not a crime, literally a thing that occurred - occurred because of a PC.
This has proven to be rather meaningless and has resulted in the police having to record people just saying stuff on Twitter - so guidance is I think being reviewed so that there is a bit more substance).

ReformedWaywardTeen · 01/10/2023 08:54

It's probably similar to what they put my poor DH through (I've posted on here about what went on with a different police force).
They will be looking for a Community Resolution agreement. Which will be you signing an agreement admitting you were involved with the sending and /or posting of a malicious communication. Basically a Hurty feelings order. It will have conditions on it saying you won't engage in it again, you won't contact the person, they may ask for you to apologise to the person in writing.

What I would suggest is you speak to a solicitor, they can contact the force and ask what it is they are accusing you of. That way they will advise you of what to say and do.

Watch the police though, they acted abhorrently to DH and I and I'm pursuing a complaint currently with the IOPC.

Don't sign anything you don't agree to. The only reason DH did was because he felt intimidated and we had had hell off them. His solicitor actually said he should have asked them to take it to court as the CPS would have dropped it due to lack of evidence/lack of public interest/safety being breeched.

Community Resolution is basically the old style caution - they want to up their rates of success in cases but know they won't have a chance in hell of the CPS bringing it before a court, so they use it on people who are otherwise of good character to scare them into signing. Makes them look complete and like they're solving crime yet it's the low hanging fruit.

PencilsInSpace · 01/10/2023 09:06

The new guidance came out a couple of months ago @popebishop

https://www.gov.uk/government/publications/non-crime-hate-incidents-code-of-practice/non-crime-hate-incidents-code-of-practice-on-the-recording-and-retention-of-personal-data-accessible

Several improvements:

  • police now have to assess proportionality before recording a NCHI, bearing in mind freedom of expression rights
  • they have to tell you if they're recording one against you
  • they have to review after 6 years and remove if no longer relevant
  • NCHI recorded under the old rules must be reviewed before being added to an enhanced DBS and if they wouldn't meet the new proportionality rules they must be deleted.
Dunno what's going on with OP - as everyone sensible has said, she should speak to her solicitor - and malicious communications is an actual crime not merely a NCHI - but I'm surprised by the number of posters who can still confidently assert that they would absolutely know if they said something that could be deemed 'hateful'. For all any of them know, they could already have a NCHI against their name for something completely innocent.
GarlicGrace · 01/10/2023 10:06

MichelleScarn · 30/09/2023 13:04

All those 'confused as to why op can't think what it is, as rudsy and others have said, anything you post that someone says upsets them can be classed as a 'hate crime' now.

And even that someone says might upset other people!

"Have you ever posted controversial things" - What a ridiculous question. Aside from the fact that anything anybody says is "controversial" to someone, the implication is that having opinions is cause for guilt. It isn't. Even obnoxious opinions are legal, though some shouldn't be shared publicly.

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