Harassment...

[killi_man]

Does a warning need to be issued to request contact to be ceased before being arrested for harassment by email? What is the likely outcome for this offence? Would the presence of a solicitor be a good idea for attending an interview scheduled for 3 weeks time? What evidence would need to be presented by the victim in order for an arrest warrant to be issued? I was arrested while on my way on holiday checking in for a Eurotunnel crossing as my car was picked up by ANPR, I would have expected to be contacted at home before having my car details listed as part of my arrest warrant?

[Orderlimit]

1.Warnings are not required if the alleged offence is made out (course of conduct as being on at least two occasions) but is a common practice for the lesser serious offences.
2 Depends on type and nature of offence and any aggravating features e.g. domestic related, threats etc.
3 Solicitor is a good idea.
4 Simply a formal complaint from victim to the police is sufficient for investigation.
5 Direct this question to the police at the station regarding efforts made to contact you, however, can you clarify what you mean by 'arrested by email'?

[Orderlimit]

If the accused contacted the complainant by email then they could be used as evidence if available.

[bednobs]

i think the offence is harrasment by email, and he's been arrested for it, not been arrested by email

[Orderlimit]

Thanks bednobs, my brain really doesn't function right lately !.

[killi_man]

Nothing domestic or threatening related, all pretty nice stuff really just apparently unwanted!
Yes that should have read arrested for 'harassment by email' as a charge as opposed to being arrested by email
Will sort out solicitor then, thanks
What would be the next steps following the interview?
I don't need to argue the case or deny anything, there probably is evidence but would show that nothing malicious or threatening has ever been said. An additional detail was contacting the complainant's work colleagues which happens as I run my own business and her company is one of my suppliers so have lots of emails going back years showing communications unrelated to her and will expect this to continue going forward - although uncomfortable for her can she consider that as harassment?
Thanks for your answers, never had so much as a speeding ticket before so new territory for me!

[sara3]

depends on the nature of your communications, and what you were trying to achieve.

has she not asked you to stop this contact?

[killi_man]

No she had not asked me to stop communicating her. We were both married and were having an affair, everybody found out and she ended up moving out of her house (well being kicked out) and is now getting divorced, turned out she was also seeing somebody else at the same time as me so I sent her and her other fella an email at work (they work together, I also used to work there) wishing them well with the intention of letting him know that he was also being taken for a ride. There is an open email communication system so everybody in the company would have been able to see the email (although not sure if anybody did, assume it was quickly deleted from the system). Hadn't had any communication from her since that but sent a few texts apologising for the way things had turned out and that kind of thing but never anything malicious or threatening. Never had a single reply to anything I sent to her though asking me to leave her alone or otherwise. Probably a maximum of 3-4 messages sent over 3 months

[Orderlimit]

If you and the complainant had an affair then technically the case is domestic related.

Here is a good detailed explanation of the Harassment Act and worth a read. From your description of events you are looking at a Sec 2 offence:

http://www.cps.gov.uk/legal/s_to_u/stalking_and_harassment/

[killi_man]

what would be the likely outcome for that, custodial or fine..?

[Orderlimit]

Killi_man, steady on, you haven't been charged with anything yet but I would speak to a solicitor who can properly advise having heard the facts of the case. Also, a decent solicitor would have a better chance of negotiating an alternative method of disposing this case with the police than what you could alone.

[ck1]

Assume there must be some decent evidence against you for it to get to that stage?

[killi_man]

So will definitely go down the solicitor route - how does this work, do I need to find one local to the police station I have to attend or one close to home?

[Orderlimit]

You will be better protected with a solicitor Kili-man but I've no idea what they charge nowadays. You can request a solicitor at the police station or instruct one before, probably best to do some research now to identify a decent one and charges etc.

[killi_man]

I'm talking to a few at the moment, not too fussed about the cost, it's so ridiculous that I'll pay whatever to have it seen for what it is. It's certainly got me scared though which was the whole point!!

[Orderlimit]

Ok good, the solicitor will also be able to identify any abuse of process ref arrest marker placed on your vehicle.