Legal issues
The relevant offence may arise under the Online Safety Act 2023 communications provisions, the Malicious Communications Act 1988 for conduct still within its scope, harassment or stalking legislation, the Sexual Offences Act 2003, blackmail or another statute.
Freedom of expression is relevant context but does not protect credible threats or criminal conduct. Charge selection must match the statutory elements actually provable.
Evidence that matters
Evidence commonly includes complete message threads, account and device attribution, IP or subscriber data, screenshots, exports, voice notes, platform records, call logs, location data and evidence of the parties’ relationship and prior communications.
Reasonable lines of enquiry
Enquiries may include obtaining native platform exports, checking whether screenshots are complete or altered, identifying account/device users, recovering deleted context where lawful and relevant, and distinguishing one-off communications from a course of conduct.
What happens next
Cases may begin with voluntary interview or arrest followed by device examination and platform enquiries. Depending on the offence, proceedings may remain in the Magistrates’ Court or proceed to the Crown Court.
Immediate steps
Preserve the complete communication history and account data. Do not delete posts or messages after becoming aware of an investigation. Do not contact the complainant contrary to bail or no-contact conditions.
What should you send us?
Send the exact message/post or full thread, screenshots and exports, police papers, platform/account details, chronology, bail conditions and next date.