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Background Info

I am asking the Scottish Government to review the operation of the law, particularly in relation to text messaging, to see what improvements can be made to make it more enforceable.

In England, my understanding is that if an individual sends a threatening and/or abusive text message from a device registered to them, then charges can be brought against them, with the police only needing one form of evidence.

In Scotland, however, the device that sends the text message not only needs to be registered to the individual but it also needs to be proven that the owner of the device sent the message themselves.  The difficulty in enforcing the existing law in Scotland is compounded by the fact that two forms of corroborating evidence is required. It is my understanding that the person who allegedly sent the text needs to (basically) admit to sending the message before any charges can be brought.

Scottish law needs to be amended to ensure that if a threatening/abusive message is sent from a device registered to a person then charges can be brought against them accordingly. I believe that making people responsible for messages sent from their devices would ensure this is the case, but a thorough review of the operation of the law is required to find a suitable solution.

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