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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71030
Experience:  Over 5 years in practice
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my son 17years old has made a phonecall to a young

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my son 17years old has made a drunken phonecall to a young man 15years old at school threatening to mess him up and kill him.
My son is worried about the consequences of his phone call. As are we.
This is a one off .
The young man at school spent all last year calling our son a peadophile and has continued on and off this year with other input along the lines of ' we are just waiting for you to snap'
The school are suggesting that a community police officer should come into school to talk to our son. They are suggesting that if we do not agree to this then the parents of the young man who received the call could ask the police to be involved seperately. what does the law say on this matter ?

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is he likely to report it?
Customer: replied 3 years ago.

We think that the other students have brought the drunken phone call to the atention of school.

School beleive that the students parents are concerned.

Well, the issue isn't really what view the school take of this. The issue is whether its likely to be reported although I suppose that the fact that others know about it is likely to increase the pressure upon him to take some action.

The trouble with this is that its all very well to say that one of these community support officers with no powers can be invited along to give him a good telling off but they can't control the actions of the police. If everybody is happy for it to be dealt with in that way then it may be or he might be arrested, charged and sent to court.

I think though, overall, since he cannot deny making the call and there is I imagine a saved message that he may as well agree.

If he does not then he runs the risk of this being reported. Obviously I haven't heard this message. Its quite unlikely that it does amount to a threats to kill in law. Even if he said the words he probably didn't actually intend it would be believed. Its probably a malicious communication and possible a S5 or S4 public order.

He may receive a caution for the lesser offences.

If its being pursued as a threats to kill though then thats a very serious matter. If he was 17 at the time of the offence then he will still be a youth and so won't even be able to have an open minded Jury at the Crown Court to try this but will stuck before Magistrates at the Youth Court. They quite often convict people who should be acquitted so its not a risk to be undertaXXXXX XXXXXghtly.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.


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