Information Rights Unit - Arrest under Section 127 of the

Freedom of Information Request Reference No:
I note you seek access to the following information:
Could you please provide the count of arrests under Section 127 of the
Communications Act where the circumstances of the arrest indicate that the
communication type was online (e.g. email, internet, Facebook, Twitter) for the calendar
years 2010 to 2015 respectively?
Additionally, can you provide details on the number of defendants prosecuted for
offences under Section 127 of the Communications Act in 2010 to 2015 (calendar
years)?
DECISION
I have today decided to disclose the located information to you in full.
Please find attached information pursuant to your request above.
I note that your request also asks for the number of defendants prosecuted for the
specified offence. Please note that while police forces such as the MPS are responsible
for the investigation of offences the subsequent prosecution is undertaken by the Crown
Prosecution Service (CPS). As such we are not able to answer this aspect of your
request and would advise you to contact the CPS if data relating to prosecutions is still
required.
Information Rights Unit
MPOLITA N
Earl.
• , LICE
TOTAL POLICIN G
Arrest Communication Type Onlin e
2010 - 201 5
Protective Markin g
Suitable for Publication Schem e
Ad-Hoc Reference Number Lumberjack Reference Number : 524 6
Count of arrests under Section 127 of Communications Act where circumstances of
Summa ry
arrest indicate email , Internet , Facebook , Twitte r
Autho r
Creating Branch / Directorate Custody & Criminal Justice Pe rformance
Date Created 13 Ap ri l 201 6
Review Date N/A
This report uses LIVE DATA extracted from : N S PIS
D ate Live data was extracte d :
1 2 April 201 6
The data in this report reflects live data which may be subject to small changes over tim e
Need to request some more data?
emai l
Met HQ Mailbox - Performance and Assurance - Commissionin g
Performance and Assurance Helpdesk - 783131
If you have any queries with this report , please contact the Helpdesk
Request Provide the count of arrests under Section 127 of the Communications Act where the circumstances of the arrest indicate that the communication type was
online (e . g . email , Internet , Facebook, Twi tter) for the calendar years 2010 to 2015 respectively ?
Additionally , can you provide details on the number of defendants prosecuted for offences under Section 127 of the Communications Act in 2010 to 201 5
Notes Unable to identify if person is arrested for the specified Act and Section .
Details provided give numbers where Section 127 of the Communications Act 2003 were used in part or in total when looking at the offence detail s
Under the Communications Act Section 127 , the following CJS codes were referenced :
CA03005 Send by public communication network an offensive /indecent /obscene /menacing message /matte r
CA03006 Cause to be sent by public communication network an offensive /indecent /obscene /menacing message /ma tt er
CA03007 Send false message by public electronic communication network to cause annoyance , inconvenience or anxiety
CA03008 Cause to be sent by public communication network a false message to cause annoyance /inconvenience /anxiety
CA03009 Persistently make use of public communication network to cause annoyance/ inconvenience /anxiety
Communications Section 127(1) covers offensive and threatening messages sent over a " public " electronic communications network .
Act 2003
The lawyers for Paul Chambers (tweeting a joke about blowing Robin Hood Airport sky high) argued that Twitter did not constitute a public communications
system . However Judge Davies refuted this and argued that Twitter was based on the Internet , which was fundamentally a public network. Chambers'
conviction was overturned by the High Court , but the definition of a public communications network still needs clarification .
Details of the arrests /offences only gives reference to public communications networks and does not specify which type of media was used .
This break-down cannot be provided without looking at all case papers - doing this will fall outside the time allowed for such a reques t
Details of prosecutions cannot be provided
Arrests relating to Communicatrions Act 2003 , Section 127
2010 2011 2012 2013 201 4
CJS Code
CA03005
Send by public communication network an offensive / 355 338 391 209 319
indecent /obscene /menacing message /matte r
Cause to be sent by public communication network a n
CA03006 offensive /indecent / obscene /menacing message / 88 83 78 61 7 3
matter
Send false message by public electroni c
CA0 3 007 communication network to cause annoyance,
36
31
38
27
28
inconvenience or anxiety
Cause to be sent by public communication network a
CA03008 false message to cause annoyance /inconvenience /
45
23 33 37 51
anxiety
CA03009
Total
2015 Total
Persistently make use of public communication
network to cause annoyance /inconvenience /anxiet y
101
94
625
569
92
632
86
95
420
518
2 , 130
95
478
39
199
100
289
105
573
566
857
3 ,669