I've been reading up thanks to the links upthread.
I note that Kate Scottow was prosecuted under the Communications Act 2003 s.127 (2) (c) In the main, because of Stephself and other civil action shenanigans
Conviction overturned on Appeal.
https://www.judiciary.uk/wp-content/uploads/2020/12/Scottow-v-CPS-judgment-161220.pdf
BUT here the woman has been interviewed under caution with a view to prosecution under. s.1 of the Malicious Communications Act 1988
The CPS Guidelines for s.127 CA do refer to the Scottow case. The Guidelines on s.1 MCA don't. But the Guidelines DO say the following:
For all offences under s.1 MCA 1988, the prosecution must establish that the sender's purpose, or one such purpose, is that the message should cause distress or anxiety to the recipient or to any other person to whom it is intended that the message or its contents or nature should be communicated. This is a higher standard than for section 127 CA 2003.
s.1(1)(a)(iii) MCA 1988 requires proof that the sender knew or believed the information was false.
The Guidelines then refer to Art. 10 ECHR Right to Freedom of Expression and say:
Prosecutors should only proceed with cases under section 1 MCA 1988 or section 127 CA 2003 where the interference with freedom of expression, is necessary and is proportionate. See
https://www.cps.gov.uk/legal-guidance/social-media-and-other-electronic-communications
The copper asked: why the woman's LGB was separate from the QT?
That copper was briefed by someone prior to interview. Either a helpful nod to refer to Art 10 (ha ha) - or an attempt to get an admission that she is part of a Terfy plot i.e. interference with freedom of expression is necessary and proportionate. Sinister.
If I've got any of that wrong then please shout up.
I think CF was the MCA? Dropped - but still subject to CPS review if requested by the.. erm... Alligator.