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Facebook Posting An Arrestable Offence?


BigLebowski
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Hi there

I'm debating law with someone on a totally unrelated forum. A young woman on facebook made this comment about him when he annoyed one of her friends:

"just ignore & block... or I can fix him up for u"

He claims the "I can fix him up for u" comment represents a "violent threat" to him and is therefore an "arrestable offence". I have argued that the woman making the comment could be offering to fix him up with a date, or perm his hair. The young woman who made the comment has no "form" and is about as dangerous as a chocolate pudding. She lives in Australia and he lives in the UK, which I would suggest renders any genuine threat to nil.

Is her statement a "violent threat" and if it was, would it be an "arrestable offence"?

Best

Dude

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If it were to be all happening within England:

For it to be "assault" it has to cause the IP to apprehend immediate and unlawful personal violence, so unless the IP feels as though the woman will somehow be able to get someone to harm him on her behalf, it doesn't amount to anything. The term "I can fix him up for you" could amount to assault as it all depends upon the IP's personal interpretation of the matter - whether the CPS would run with it is a different matter.

The fact the offence is taking place in Austraillia is a wholeee different matter...

Edit: IP = injured party, I.E the man.

Edited by Marricked
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If you want legal advice, speak to a solicitor.

For your information: any offence is arrestable.

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If you want legal advice, speak to a solicitor.

For your information: any offence is arrestable.

Well, a little curt, but none the less

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Any offence is arrestable - the technical term for this is a FWOT, where the last bit stands for Waste Of Time.

There's the threat element, and then there's the malicious communications element - notwithstanding that the message was sent from Oz, it's unlawful here to send a communication of a threatening or indecent manner. This kind of thing is very very very very common and most of the time goes absolutely nowhere, or gets dealt with by harassment warning or words of advice, as for a start it's hard to prove who actually typed the message and pressed Enter. It's also not really in anyone's interest as the victim won't want their phone seizing and the kind of person who sends text or Facebook messages threatening to burn someone's house down generally won't follow them through - otherwise he'd have just gone and done it in the first place. In this case, "fix him up" is far too vague to be seen as threatening or malicious.

Block and ignore is thoroughly sensible advice which I find myself giving out far too often.

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It's a malicious communication. You'd be expected to warn in and interview. Then you'd either caution, issue a PND or report for summons.

Regardless of wether or not it's arrestable, how would it meet the necessity test? Presumably you'd know where they live, presumably there's little evidence to gather as it's printed out. All you need is the evidence by questioning part.

Now I don't know what your force is like, but if you nicked someone here for sending a mean message on facebook you'd be heavily criticised unless they'd ignored your summons to the station.

At the end of the day though, the offender is in another country, one where any extradition treaty we have would be for a serious indicatable offence. Malicious comms isn't one.

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It's a malicious communication. You'd be expected to warn in and interview. Then you'd either caution, issue a PND or report for summons.

Regardless of wether or not it's arrestable, how would it meet the necessity test? Presumably you'd know where they live, presumably there's little evidence to gather as it's printed out. All you need is the evidence by questioning part.

Now I don't know what your force is like, but if you nicked someone here for sending a mean message on facebook you'd be heavily criticised unless they'd ignored your summons to the station.

At the end of the day though, the offender is in another country, one where any extradition treaty we have would be for a serious indicatable offence. Malicious comms isn't one.

That is miles from a malicious communication.. Where is the evidence it's intended in that way? For all we know she's maybe offering to fix the guy up with another date..

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I have argued that the woman making the comment could be offering to fix him up with a date, or perm his hair.

For all we know she's maybe offering to fix the guy up with another date..

This job is undoubtably a bag of ###### and not the sort of rubbish that we should be investigating.

However, it's also not the job of the police to invent defences, and using them to fob off someone who who has made a report is only likely to get their back up.

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This job is undoubtably a bag of ###### and not the sort of rubbish that we should be investigating.

However, it's also not the job of the police to invent defences, and using them to fob off someone who who has made a report is only likely to get their back up.

I quite agree however even on the post alone I would say it's still not a malicious communication.

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I quite agree however even on the post alone I would say it's still not a malicious communication.

I don't think it is either, but we don't know until we've investigated it ;)

(and an investigation could simply be reading the CAD and binning it).

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For your information: any offence is arrestable.

Provided certain conditions apply of course or are preserved powers of arrest.

I don't think it is either, but we don't know until we've investigated it ;)

(and an investigation could simply be reading the CAD and binning it).

A slightly weak interpretation of investigation if I may say so...

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Dont worry everybody, I've reported this case to interpol. She should be picked up very shortly to begin the interrogation. Far too dangerous to leave loose canons like that unchecked, even on the other side of the world... :new_shhh:

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