Up in court (First Offence)

[1960darrenh]

Police found two jokes that I had posted on Facebook that they considered racist. I was asked to go voluntarily to the station for an interview. Two weeks later I have received a summon to court.

This is my first time in court and have never been in trouble before.

Does anyone know the likely hood of this case. Remember, it was 2 jokes that were posted on my supposedly private profile on Facebook.

Am I looking at prison? Fine? ASBO, Community Service??

Also if I am found guilty, I could lose my job as I am a taxi driver and the charge will show on my Criminal Records Bureau

My court date is 5th September 2012

[jake-the-peg]

The act says

A person guilty of an offence falling within subsection (1)(c) above shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.


And that looks like a maximum of £2,500

http://www.legislatio...ga/1991/53/section/17

[1960darrenh]

No persons were ever mentioned in the 2 jokes and they didn't involve footballers.

[ojread2]

a 'member of the public'? Someone on your friends list you mean, unless your settings are open or your posts made public, in which case change it now

No member of the public could come along and read anything on my FB unless they were on my friends list

[1960darrenh]

A police officer read it. My profile is completely private.

[EDDIE51]

Some people can see your profile or there would be no point in posting it.
One of those people has reported it as racist the same thing is happening on Twitter , someone on there is being prosecuted for making racist comments.

[New Judge]

Unfortunately prosecutions for "offences" such as these will become more common. It's easy pickings for the police. Sitting in a nice warm office trawling through such drivel certainly beats going out on a cold dark night to catch burglars.

[ojread2]

I still dont quite get how the police saw it? I mean, they can;t just hack into FB for no reason so there must have been a reason

I'm no techy but if only your friends can see your profile, how on earth did the police see it? Curiouser and curiouser

[EDDIE51]

One of the 'friends' will have reported it , the same thing is happening on Twitter people there are being prosecuted for racist comments. The police don't actually spend days searching FB & Twitter but if someone reports a racist comment they check it out.

[1960darrenh]

How many more times? A POLICE OFFICER see the jokes and reported me. I have the officers name etc

[EDDIE51]

So one of your 'friends' has another real life friend who is a police officer and tells him/her that there is a racist joke on FB . The 'friend' then lets the police officer view the page or gives him/her the log in details . Prosecutions for racist comments / jokes are very much the 'Flavour of the Day' with the police at the moment , I bet the officer has been commended for diligence in rooting out a racist .
I actually feel very sorry for you and I think you are being used as a 'scapegoat' but that does not change the facts, you are not the only one this is happening to.

[ojread2]

yes, darrenth, of course a police officer saw it because if s/he hadn't you wouldn't have gone to the police station
All the officer is now doing is telling you that to keep the ID of the person who reported you, as in someone on your friends list, secret
Even the police cannot 'just read' anyone's profile where the settings are set so that non friends can't see it. It doesn't happen that way. They cannot hack FB any more than you or I can so they can view profiles, they were shown it by one of your, and I use the term lightly, friends