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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 4804
Experience:  Owner at James Bruce Solicitors
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For J. I’m just trying to find out,what is the possible

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For J.B
Hi, I’m just trying to find out,what is the possible fine, sentence for so called malicious communications.....
My friend has been accused of conspiring to rape a 13 year old girl, he’s posted some pic of young dressed girls on my fb comment section with sexualised comments.
Bad adult humour, I was released under investigation, they have not found anything indecent on any of my devices, but want to search malicious communications in between me and him in past...
I assume that would be in between me and him and nothing to do with other rants? Unrelated rants to other people?
But what is the potential outcome should the take it to court based on what I’ve representative has said they may well drop the case, we’re trying to find out when I can get my devices back....

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Offences under the malicious communications act are either way offence.
This means the matter can be dealt with in Magistrates court or crown court.

The maximum sentence for the offence is 6 months imprisonment and or fine at the magistrates court, or up to 2 years in the Crown court.

Customer: replied 13 days ago.
Ok, so some indecent talk but no actual action against the so called victim and no involvement of other parties, should go under magistrates at most?

If the only offence is low level malicious communications then yes magistrates would likely deal with the matter.

However, then nature of the communications (conspiring to rape a 13 year old) is also a very serious offence that could be prosecuted.

Customer: replied 13 days ago.
I so gathered, well the private topic does actually not entail any actual plans to rape any 13 year olds, def not on my half, he did send me some randy messages and randy pictures.....there’s no personally Aimed topic or plans as such as far as my memory goes, I think there’s a suspicion of that hence the investigation.....

Then hopefully only the communication offence to worry about.

Customer: replied 12 days ago.
Ok, great, many thanks

Your very welcome.

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