- April 8, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation Analysis
Received an email from a Detective Constable, copying in an E-mail I’d sent late last year. Where I’d advised an MP that an action they’d taken was an abuse of their power. Something they’ve since lost their whip over. I didn’t swear, threaten, or anything of the likes. However, this email states that what I had sent was considered under the Malicious Communications Act 1988 as an offence, and that I have been recorded as a suspect in a crime report, but is not a criminal record, only for crime recording purposes.
They had written to make me aware of the criminal investigation and that no formal action at this time will be taken against me. Whenever I research this, I only find information on “no further action”. Finally that if further complaints were made against me, it may be a different course of conduct is considered.
## Concerns and Questions
So really, what I want to know is. Is this something that’s going to come up on a background check for future searches implicating my career, do I need to lawyer up to clear my name if so? As I know for a fact I’ve not committed an offense. I just find the whole thing very contradictory, very confusing. It states that what I’d sent was considered an offence. They were making me aware of a criminal investigation but it’s not clear on whether that’s ongoing or finished. What does crime recording purposes mean for me? Does it matter at all or am I just a number for police to know where to delegate themselves in the future? Thanks for your time, please ask me if you need any more information, because really I haven’t got a clue what any of it means.
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****** just grabbed a
OP. This email is polite police speak for “hello mate, some toff has made us record a crime against you..it’s shit, but we’re not gonna do anything about it but it’s not fair if you don’t know about it. I hate home office recording rules! Don’t contact him again or he’ll make us record bloody harassment next, so save yourself and us the trouble!”
It can show up in enhanced DBS checks – but the police disclosure officer will read the crime report and see whatever the officer has written in his closing rationale and may therefore decide it’s not disclable
This is actually a common occurrence in most police forces. The national crime recording standards require a crime to be recorded if on the balance of probabilities a crime has occurred. It doesn’t mean that it has to be investigated, nor does it mean that the person recorded as a suspect will show up on any criminal records checks. It looks to me like the MP, or someone close to them, has reported this to there local constabulary.
Rather than arguing whether it is a crime or not it is much easier for that force to record it, and then just close it straight away. (Lots of forces have a crime standards dept which will almost always insist on a report for any allegation made). Trying to get a crime cancelled is very difficult, the fact you sent a email is enough for the crime report to stand, hence them informing you and closing it.
As others have said, don’t contact the MP again, otherwise harassment is in play and that would be much easier for them to prove.
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I would call the police officer listed for clarification. This seems a very unusual way to handle a case and to email someone with this information doesn’t sound like usual protocol.
The officer should have listed their phone number and badge number for you to contact them. Call it and see what happens. Or call your local station/101 and explain you’ve received a suspicious email with these details and could the confirm this officer is a real person.
Unless you’re invited for interview there is no need for a solicitor at this stage.
Assuming it is from the police, it will not go on your criminal history or come up in any regular background check. It may stay in a police intelligence file. They may look at it if an actual threat is made against a politician or if you ever need a thorough background check.
I suppose in this day and age, actual threats are being made against politicians and offices forward all complaints against politicians in case of escalation.
As for the actual complaint, I’d ask for an explanation of how it constitutes malicious communication. I assume it was a polite/civil communication with the MP’s office.
NAL but I am police.
This just sounds like they closed the report with No Further Action and they emailed you to inform you that you were being investigated without you being aware. It’s likely that the case wasn’t really in the public interest. So they closed it. Then they warned you to not contact that MP anymore.
You say you committed no offence, but it seems that you may have, if it were being investigated.
That’s what I’ve gathered from that.
Crime recording purposes will just be that you are listed as a suspect in a case.
They aren’t interviewing you and have deemed the matter to be closed.
It’s not suspicious at all or anything. It’s pretty normal. It’s up to the officer to decide whether they disclose that you were being investigated or not.
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