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originally posted by: stumason
a reply to: crazyewok
For that airport chap - strictly speaking, he did make a "threat" of a "menacing" nature. However, he got off very lightly (a small fine which was paid for by Stephen Fry and his conviction was later quashed) and I think the only reason they punished him was because they took the "threat" seriously (how were they supposed to know?) and expended Police time (money) investigating it - they usually don't like that.
It seems, from further reading, it was the Director of Public Prosecutions, Keir Starmer (the same man who decided to not prosecute Police over Ian Tomlinson's death) who pushed the case and the CPS were quite keen to not press charges at all.
originally posted by: crazyewok
Its pretty easy to filterout REAL threats the police just need to ask?
Are they muslim
Are they Irish
Are tney linked to exremtist groups
Have they made trips to countrys were there is terrorism
Have they got in possesion items that can be used in a attack.
originally posted by: crazyewok
Yeah I knowsome of the above discriminate, but hey white working Brits dont go round actually blowing up airports
originally posted by: crazyewok
If the awnser to the above is mostly no then I think they are safe.
originally posted by: crazyewok
What do spend billions on big brother survalince if they cant filter jokes from threats?
originally posted by: crazyewok
As for got off lightly he lost his job and ended up tempoarly with a criminal record, sure after years battling i n court he won but he still lost a lot,........over a stupid joke.
Initial assessment
Communications sent via social media are capable of amounting to criminal offences and prosecutors should make an initial assessment of the content of the communication and the conduct in question so as to distinguish between:
Communications which may constitute credible threats of violence to the person or damage to property.
Communications which specifically target an individual or individuals and which may constitute harassment or stalking within the meaning of the Protection from Harassment Act 1997.
Communications which may amount to a breach of a court order. This can include offences under the Contempt of Court Act 1981, section 5 of the Sexual Offences (Amendment) Act 1992, breaches of a restraining order or breaches of bail. Cases where there has been an offence alleged to have been committed under the Contempt of Court Act 1981 or section 5 of the Sexual Offences (Amendment) Act 1992 should be referred to the Attorney General and via the Principal Legal Advisor's team where necessary.
Communications which do not fall into any of the categories above and fall to be considered separately (see below): i.e. those which may be considered grossly offensive, indecent, obscene or false.
As a general approach, cases falling within paragraphs 12 (1), (2) or (3) should be prosecuted robustly where they satisfy the test set out in the Code for Crown Prosecutors. On the other hand, cases which fall within paragraph 12(4) will be subject to a high threshold and in many cases a prosecution is unlikely to be in the public interest.
Having identified which of the categories set out in paragraph 12 the communication and the conduct in question falls into, prosecutors should follow the approach set out under the relevant heading below.