True, but i think you will find that the Courts will assume that the registered owner of the handset is responsible... The onus is on the owner to prove otherwise ?
law for mis-use of text messages
- Thread starter arfur
- Start date
True, but i think you will find that the Courts will assume that the registered owner of the handset is responsible... The onus is on the owner to prove otherwise ?
The police should at least talk to the assumed owner I would have thought. A few words from the fuzz would be more of a deterent than nothing...
If the police don't end up doing anything tell them that you'll tell the daily mail, I'm sure that might get the police to do something, would be easier for them to do something than deal with all the press about police causing cancer.
If the police don't end up doing anything tell them that you'll tell the daily mail, I'm sure that might get the police to do something, would be easier for them to do something than deal with all the press about police causing cancer.
Associate
Right people seem to keep missing some obvious points here.
Death threats have been uttered this is Not harassment but is in fact uttering threats of bodily harm or death which as has already been pointed out is a violation of the Malicious Communications act.
The police refuse to do anything:
I think you will find they did not say we won't do anything they probably said we CAN'T do anything. If this is a PAYG phone then the police are correct since PAYG phones don't have registered owners there is no one person they can approach about this and they cannot go to the person the OP "Thinks" is doing it without some form of proof without opening themselves up to harassment charges themselves.
Change your number and the problem goes away:
No actually it does not all that happens is you stop getting the messages. The person is still there and still has the possible desire to cause harm. Not knowing by not receiving the messages can actually be worse because now you are constantly wondering what's going on. You are also no longer building evidence since you no longer get the messages.
Get provider or an app to block messages from that number:
Again not really viable for the same reason as above.
All the person receiving the messages can do is contact the police again and ask them to open an official complaint unless they already have this then allows you do feed them the evidence collected from the messages. This is your right even if they take no action on the complaint in the beginning.
Unless you feel you are going to provoke them further you can answer some of the messages and try and get the person to trip themselves up and identify themselves thereby giving the police something more concrete on which to act.
Beyond that unfortunately unless the person actually shows up and starts making the threats in person with witnesses present or actually takes some witnessed action against the person getting the messages the police are in fact correct and their hands are tied and there is nothing they can do at the present time.
Death threats have been uttered this is Not harassment but is in fact uttering threats of bodily harm or death which as has already been pointed out is a violation of the Malicious Communications act.
The police refuse to do anything:
I think you will find they did not say we won't do anything they probably said we CAN'T do anything. If this is a PAYG phone then the police are correct since PAYG phones don't have registered owners there is no one person they can approach about this and they cannot go to the person the OP "Thinks" is doing it without some form of proof without opening themselves up to harassment charges themselves.
Change your number and the problem goes away:
No actually it does not all that happens is you stop getting the messages. The person is still there and still has the possible desire to cause harm. Not knowing by not receiving the messages can actually be worse because now you are constantly wondering what's going on. You are also no longer building evidence since you no longer get the messages.
Get provider or an app to block messages from that number:
Again not really viable for the same reason as above.
All the person receiving the messages can do is contact the police again and ask them to open an official complaint unless they already have this then allows you do feed them the evidence collected from the messages. This is your right even if they take no action on the complaint in the beginning.
Unless you feel you are going to provoke them further you can answer some of the messages and try and get the person to trip themselves up and identify themselves thereby giving the police something more concrete on which to act.
Beyond that unfortunately unless the person actually shows up and starts making the threats in person with witnesses present or actually takes some witnessed action against the person getting the messages the police are in fact correct and their hands are tied and there is nothing they can do at the present time.
Soldato
Just to give you all the info, as a mobile network they can't do the following:
- Trace
- Block calls or texts from a specific number
- Give details of another customers account
Info can be given to the police but the police have to contact the specific networks malicious comms team and only this team is allowed to talk to the police - customer service reps can not. All networks will change your number because of this though although I appreciate you may not see this as an option.
- Trace
- Block calls or texts from a specific number
- Give details of another customers account
Info can be given to the police but the police have to contact the specific networks malicious comms team and only this team is allowed to talk to the police - customer service reps can not. All networks will change your number because of this though although I appreciate you may not see this as an option.
All phones and sims under some random counter terroism law need to be registered to a address, the fact the police are saying its impossible to track is a load of rubbish.
Try the IPCC tbh
Soldato
- Joined
- 31 May 2009
- Posts
- 21,456
Ok
By nothing since, do you mean the messages stopped, or there has been no followup from the police thus far?
Soldato
A fair few police forces down South give official warnings for this kind of thing as a first course of action. The accused is warned that the Police have been notified and the they are effectively warned/advised to cease their actions or it can progress to prosecution.
Deleted member 651465
D
Deleted member 651465
Subscribe his number to a sex-chat message service.
Win.
Win.
Soldato
It's like people don't bother reading threads anymore...
Associate
- Joined
- 2 Oct 2011
- Posts
- 40
Go to his house and cut his stomach out with a razor.
Soldato
- Joined
- 23 Nov 2004
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- 10,648
Sounds like you need the big man!