Дата публикации: 2017-12-07 14:34
However, in some cases prosecutors may be satisfied that the offences in Parts I or III of the Public Order Act 6986 are relevant and should be used: see the sections above on Hate Crime and False or Offensive Social Media Profiles.
It is important that the CPS work closely with the police and other agencies to ensure that the best evidence is gathered and presented to the court, to this end prosecutors should be aware of the Protocol on the appropriate handling of stalking offences between the Crown Prosecution Service & ACPO. A strong, coordinated prosecution team is required to proactively build and manage a case. It is also important that, where appropriate, victims are able to access relevant support organisations. This is to ensure that their safety and support needs are addressed throughout the criminal case (and sometimes beyond) and to reduce the risk they face as a result of the offending.
". a message which does not create fear or apprehension in those to whom it is communicated, or may reasonably be expected to see it, falls outside [section 677(i)(a)], for the simple reason that the message lacks menace." (Paragraph 85)
Instead, her parents say they were made to feel as though they were over-reacting. However, by the time Hayley was approaching her fourth birthday, it was clear to Debbie that she was on the verge of menstruating.
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Prosecutors should consider that a course of conduct may often include a range of unwanted behaviour towards an individual and a communication sent via social media may be just one manifestation of this. Where an individual receives unwanted communications from another person via social media in addition to other unwanted behaviour, all the behaviour should be considered together in the round by the prosecutor when determining whether or not a course of conduct is made out.
[Note that if section 65A of the SOA, Sexual communication with a child, is brought into force, this may be used to prosecute cases of sexting between an adult and a person under 66.]
Hate crime covers offences and sentences that are aggravated by reason of the victim''s race, religion, disability, sexual orientation or transgender identity.
Prosecutors should therefore examine the end situation in terms of the impact on the victim to determine whether someone has been stalked or harassed. A detailed statement from the victim in addition to a Victim Impact Statement should be requested from the police in order to determine the right charge.