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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice
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I have a female friend who's been the victim of an online

Resolved Question:

I have a female friend who's been the victim of an online 'troll' for about the last 18 months.
She tried involving the police, but they showed little interest is his harassment and their advice was to stay off social media.
Eventually, and unwisely, my friend's sister took matters into her own hands, putting up a poster of this troll in his local pub.
The police were again called, and my friend's sister was given a fixed penalty notice.
However, the troll is unwilling to let matters drop and has now instigated a private prosecution against my friend, presumably as a way of causing her further anguish. My friend finds this individual very intimidating and is unwilling to attend court in person
My questions are these -
Can someone be subject to a private prosecution for something someone else has already been prosecuted for?
And if the answer to that is 'no', is there any way of dealing with this prior to the court hearing?
Steve.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

How can I help with this please?

Expert:  Jo C. replied 1 year ago.

Sorry, I've seen the rest of your question.

Expert:  Jo C. replied 1 year ago.

Did she pay the fixed penalty?

Customer: replied 1 year ago.
My friend was with her sister when her sister committed the offence, but CCTV identified her sister as the person who put the poster up.Her sister has paid the £90 fixed penalty charge.
Expert:  Jo C. replied 1 year ago.

Is there any reason you are involved in this? I don't know whats happened here obviously but do not be manipulated. Most of the male clients are have take foolish action large as a result of the incitement of women. Male violence is almost always caused over the disputes of women or their affections. I have never seen a pub fight that wasn't caused, in some way, by women. Men get the blame because they do the acts that are offences usually but they wouldn't normally if left to their own devices.

Customer: replied 1 year ago.
I'm uninvolved, other than concerned for my friend, as I fear from what she's told me, that she won't attend the court hearing, which is on the 13th of July, and may then be arrested.I live several hundred miles away from either party, so a pub fight is highly unlikely!
Expert:  Jo C. replied 1 year ago.

Oh yes, but there are other ways of committing offences. Women always get men to do it for them which is why the statistics suggest women don't commit offences often. They do but they manipulate men into doing it for them.

On your primary point though, if there has been a fixed penalty then I'm not sure how there can be a prosecution.

The only way to get it struck out though is either to make an application of abuse of process or to make an application to dismiss if this is either way or indictable.

CPS might well take it over and drop it.

Customer: replied 1 year ago.
Jo,Apart from contacting you and relaying your advice, I shall be having no other involvement, but I appreciate your concern.It terms of getting this private prosecution struck out, is this something you would handle, and if so, what would the likely costs to my friend be?
Expert:  Jo C. replied 1 year ago.

I can't accept instructions directly but any criminal firm would do it for her.

Or she could approach a barrister under public access.

Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
OK, thanks very much for your advice Jo.
Expert:  Jo C. replied 1 year ago.

No problem.

All the best.