There are varying levels of seriousness and sentences that will be received by individuals convicted of malicious communications (under both Acts). Someone who is charged with an offence may have their case heard in either the Magistrates’ or Crown Court depending upon the offence that is charged.
If a person is found guilty of an offence under the Malicious Communications Act 1988, they may be sentenced to a prison sentence of up to 12 months or a fine or both, following a conviction in the Magistrates’ Court, or a prison sentence of up to two years or a fine or both on conviction in the Crown Court.
A person found guilty of an offence under the Communications Act 2003 will be sentenced
in the Magistrates’ Court and may receive a prison sentence of up to six months or a fine.
A criminal charge relating to malicious communications is always a serious allegation and there is a significant risk that a sentence of imprisonment may be received. It is therefore
essential to seek expert legal advice.