Imnobody4
This is where its a grey area in policing. Please don't see this as me defending anyone or talking down to people - I'm just putting another view point across.
Mal comms - Offence of sending letters etc. with intent to cause distress or anxiety.
Any person who sends to another person a letter, electronic communication or article of any description which conveys a message which is indecent or grossly offensive.
UK Public General Acts1988 c. 27 Section 1
So, does a swastika fall into the 'grossly offensive' category?
If its was sent to say Simon Wiesenthal's family or Anne Frank's family for example, would it be seen as grossly offensive? Does it depend who its sent to or what it is that is being sent?
In this case - does the reporting person believe it was sent purposefully for them to see it. And if so, does it cause this person anxiety, alarm, distress?
If the reporting person says they believe it does - then you have the offence of mal comms made out in theory, based on the above definition. Has the reporting person said anything else on the call - perhaps maliciously - 'they have sent me a load of other grossly offensive things too in the past'
So, at that point what does the call taker do - are they in a position to tell the reporting person that in the call taker's opinion, its not offensive and you should not be getting stressed over it - goodbye and end the call.
Or would they see it as an offence of mal comms is made out on the call, so it will need investigating further?
Or, do we judge the reporting person is a proven liar by the number of previous calls, their past criminal record, or their past number of reports that have not resulted in a prosecution. Or do we take it on a case-by-case basis?
For what its worth - if that had been dispatched to me - I would have tried to conclude this with words of advice only to the reporting person, that its a free world and everyone can have a voice etc etc.
Even if there was something more to it and i visited the potential suspect - there would be no need to arrest and i would have gone along the lines of a voluntary interview at his home address. If he refused the voluntary interview, you can proceed with out it if need be, no arrest required.
As stillvicarinatutu has said, there are lots of staff who are not as experienced as others - and whilst they have powers in law to do what they did - you sometimes have to think that there are a number of different ways to deal with things that are a lot easier for everyone concerned.