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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:
Hanlonsamazer · 30/09/2023 13:43

RudsyFarmer · 30/09/2023 13:42

Also I wouldn’t be handing over your phone. I don’t know the law on this and whether they can take it. Does anyone know?

Edited

If OP is arrested she won’t get the choice.

RudsyFarmer · 30/09/2023 13:45

But otherwise she does get the choice I assume?

Sensoria · 30/09/2023 13:46

Around 12 years ago, I had a police officer show up at my door to tell me they have been trying to get hold of me and they need to speak to me in relation to malicious communications. I had no idea what it was about and was terrified until I called the officer and it was in relation to calls made by my then teenage brother, whose phone contract was in my name.

He was arrested as soon as we arrived at the station for the voluntary interview.

It was definitely not a case of contacting me as a witness, but rather as a suspect.

That letter does sound like you’re a suspect rather than a witness, and considering our experience, I would definitely get legal representation with you to attend any voluntary interview. Do not go without any.

Interested in this thread?

Then you might like threads about this subject:

Crime
Awwlookatmybabyspider · 30/09/2023 13:46

Don't wait for them to come to you (I can't believe someone has advised that) Then it'll be an arrest rather than a Voluntary interview.
If things go no further and you're ever asked in the future Have you been arrested you can answer "No" because you went voluntarily.
Your Solicitor should be able to tell you what it's about if you're a suspect or a witness.
Also It may sound obvious but please do not go in there with out Legal Representation. . If you have done anything wrong you need to be honest with your Solicitor so they can give you the correct advice on wether to go no comment or give a version of events.

Divebar2021 · 30/09/2023 13:49

If people don’t know the law they need to stop giving helpful advice. PACE is not new… police don’t necessarily need a warrant to enter someone’s house in order to search or arrest someone. It depends on the circumstances

If I was invited in for interview I would go because it’s expedient and I don’t want to sit in a police cell for hours waiting for a solicitor to turn up. If you want to risk being arrested and being booked into custody for a few hours then fill your boots. They won’t care - they’re getting paid. I suspect this is a personal matter involving alleged direct communication and nothing to do with social media. They’re not “building a case against you” they’re “ investigating a crime” and at the moment the evidence points to you. It could point to you simply because someone said it was you. I would personally tell them the background because that sounds pertinent. Screen shot any text messages from the family saying they’re going to report you. Finally, just because you answer some questions doesn’t mean you have to answer all of them. You’ll be able to have a solicitor with you but arrange it beforehand otherwise you’ll end up waiting ages.

AutumnFroglets · 30/09/2023 13:49

FabFitFifties · 30/09/2023 13:38

What do you mean you don't remember? Unless you post /send malicious communications as a norm, surely you can say with certainty that you didn't?

The law/interpretation of the law has changed. Someone only has to be offended by it now.

If you don't believe me read up on the latest Scottish hell.
https://www.mumsnet.com/talk/womens_rights/4901955-scottish-women-speak-up-now-while-you-still-can?page=1

Hanlonsamazer · 30/09/2023 13:49

RudsyFarmer · 30/09/2023 13:45

But otherwise she does get the choice I assume?

If they want it, they will arrest her to take it. If I’m honest, I would back my phone up, erase it, and leave it at home after taking my SIM card out and hiding it in my garden. It’s a nightmare to lose your phone number for 2 factor authentication, let alone the cost of replacing a phone.

If this is the crime of the century, the police can send their warrant to apple or google to get access to the cloud or whatever. If not then they can blow themselves for targeting what is probably not a crime, whilst ignoring assaults and burglaries and so on.

gazpachosoupday · 30/09/2023 13:49

OP, have you got into an online spat recently?

In which case the other side may have gone back through your history, till they found something they could be offended about and reported that

Reugny · 30/09/2023 13:51

RudsyFarmer · 30/09/2023 13:42

Also I wouldn’t be handing over your phone. I don’t know the law on this and whether they can take it. Does anyone know?

Edited

If the OP doesn't have it on her person then they would have to get a warrant to search her home and get it with any other technical devices.

As the interview is "voluntary" e.g. they are digging for information then simply don't take your phone with you so there is nothing to hand over unless they do that.

uncomfortablydumb53 · 30/09/2023 13:52

Glad you have a solicitor
This will be for them to gather enough evidence to present to CPS so that you can be charged or not
Remember it's on them to prove there's enough
Good luck

AllMyExesWearRolexes · 30/09/2023 13:54

@KandieKaine
PACE dates from 1984. Section 18 allows an officer of inspector rank or above to authorise a search of premises without a search warrant, provided they are under the control of an arrested person & there are reasonable grounds to suspect that evidence is on the premises. s17 is to enter in order to search for persons liable to arrest.

Awwlookatmybabyspider · 30/09/2023 13:54

Divebar2021 · 30/09/2023 13:49

If people don’t know the law they need to stop giving helpful advice. PACE is not new… police don’t necessarily need a warrant to enter someone’s house in order to search or arrest someone. It depends on the circumstances

If I was invited in for interview I would go because it’s expedient and I don’t want to sit in a police cell for hours waiting for a solicitor to turn up. If you want to risk being arrested and being booked into custody for a few hours then fill your boots. They won’t care - they’re getting paid. I suspect this is a personal matter involving alleged direct communication and nothing to do with social media. They’re not “building a case against you” they’re “ investigating a crime” and at the moment the evidence points to you. It could point to you simply because someone said it was you. I would personally tell them the background because that sounds pertinent. Screen shot any text messages from the family saying they’re going to report you. Finally, just because you answer some questions doesn’t mean you have to answer all of them. You’ll be able to have a solicitor with you but arrange it beforehand otherwise you’ll end up waiting ages.

Without disrespect to you the advice on being able to answer some questions and not others is incorrect. Its either answer all the questions or go no comment to all the questions, there's no inbetween.

Kinneddar · 30/09/2023 13:56

Some of the advice on here is dreadful!! Seems to be based on watching The Bill

OP the best & only advice to follow on here is speak to a lawyer, and follow their advice on what you should do.

Hanlonsamazer · 30/09/2023 13:56

Reugny · 30/09/2023 13:51

If the OP doesn't have it on her person then they would have to get a warrant to search her home and get it with any other technical devices.

As the interview is "voluntary" e.g. they are digging for information then simply don't take your phone with you so there is nothing to hand over unless they do that.

Show quote history

If she’s arrested at the station, a search of the home and car can be authorised by an inspector, it doesn’t need a warrant. This is why I’d be erasing my phone…

listsandbudgets · 30/09/2023 13:56

Worddance · 30/09/2023 13:32

I wouldn't go. They're unlikely to bother to arrest you.

This is really bad advice!!

Get a solicitor, go, they will disclose at least enough for you to know what you're supposed to have done, talk to your solicitor and take their advice. Definitely tell them you think it may be revenge.

DP was a victim of mal comms a few years ago - nasty death threats - the perpetrator went to prison - so it can be a very serious offence.

Don't take it lightly - from what you say you're almost certainly the victim of a set up - don't discount the possiblity of forged evidence. Have you tried searching for your name on social media to see if anyone has set up an account pretending to be you?

I agree with PPs - I wouldn't comment unless you've got legal advice to do so.

SurpriseItsMeHorseyNeighNeigh · 30/09/2023 13:58

Hanlonsamazer · 30/09/2023 13:56

If she’s arrested at the station, a search of the home and car can be authorised by an inspector, it doesn’t need a warrant. This is why I’d be erasing my phone…

Show quote history

Getting rid of potential evidence... What could go wrong...

DNLove · 30/09/2023 14:00

If you have an officer/liason assigned to your abuse case I would contact them immediately and notify them if the threat that was made to you if you proceeded with type case.
Then if this is related it's in your records and a conversation between both police forces may just get it shut down.
Also take legal advice from your solicitor, not the untrained of the Internet! Most here have legal training from Line of Duty and CSI Miami! Lol

listsandbudgets · 30/09/2023 14:01

^^ Incidentally the man who sent threats to DP did not attend a voluntary interview and was then arrested.

Awwlookatmybabyspider · 30/09/2023 14:03

SurpriseItsMeHorseyNeighNeigh · 30/09/2023 13:58

Getting rid of potential evidence... What could go wrong...

Show quote history

This is 100% excellent advice. Never delete any evidence. They can get it back up to 6 years and they'll add on an extra charge for tampering with evidence (That's if they do charge you though).

Hanlonsamazer · 30/09/2023 14:04

SurpriseItsMeHorseyNeighNeigh · 30/09/2023 13:58

Getting rid of potential evidence... What could go wrong...

Show quote history

Prove it…

Divebar2021 · 30/09/2023 14:06

@Awwlookatmybabyspider

Without disrespect to you the advice on being able to answer some questions and not others is incorrect. Its either answer all the questions or go no comment to all the questions, there's no inbetween

please tell me what your qualifications are for saying that?

There are no such rules…. A person being interviewed can say no comment to every question, they can answer all questions and they can answer some questions and not others. It’s the reason why interviewers have to keep asking the questions even when the interviewee is saying “no comment”

RudsyFarmer · 30/09/2023 14:07

If they want it, they will arrest her to take it. If I’m honest, I would back my phone up, erase it, and leave it at home after taking my SIM card out and hiding it in my garden. It’s a nightmare to lose your phone number for 2 factor authentication, let alone the cost of replacing a phone.

That’s just made me laugh 🤣

SurpriseItsMeHorseyNeighNeigh · 30/09/2023 14:07

Awwlookatmybabyspider · 30/09/2023 14:03

This is 100% excellent advice. Never delete any evidence. They can get it back up to 6 years and they'll add on an extra charge for tampering with evidence (That's if they do charge you though).

Show quote history

I am slightly concerned at the absurd and ignorant (and slightly paranoid) advice given here... It's the he Dunning–Kruger effect and it could cause so much damage to a real person.

There is only one valid advice. ASK. A. LAWYER.

MrsDanversGlidesAgain · 30/09/2023 14:08

Hanlonsamazer · 30/09/2023 14:04

Prove it…

Show quote history

You'd be amazed at what police IT experts can do. A while back I watched a police documentary where a man was accused of raping a woman walking home after a night out. He said it was a consensual encounter, she'd come up to him and offered kinky sex. She said he'd violently attacked her. The police found a video of both of them and an indistinct recording (can't recall the details but might have been on her phone) of what HE said was them having sex. When after a lot of IT work it was digitally enhanced it was HER screaming for help and at him to get off her. So don't underestimate the resources they have.

Hanlonsamazer · 30/09/2023 14:11

MrsDanversGlidesAgain · 30/09/2023 14:08

You'd be amazed at what police IT experts can do. A while back I watched a police documentary where a man was accused of raping a woman walking home after a night out. He said it was a consensual encounter, she'd come up to him and offered kinky sex. She said he'd violently attacked her. The police found a video of both of them and an indistinct recording (can't recall the details but might have been on her phone) of what HE said was them having sex. When after a lot of IT work it was digitally enhanced it was HER screaming for help and at him to get off her. So don't underestimate the resources they have.

Edited
Show quote history

They still can’t undelete an erased phone, or even tell when it was erased.