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However, there will be cases occasionally where it is clear, prior to the collection and consideration of all the likely evidence, that the public interest does not require a prosecution.In these cases, prosecutors may decide that the case should not proceed further.Cases involving the sending of communications via social media are likely to benefit from early consultation between police and prosecutors, and the police are encouraged to contact the CPS at an early stage of the investigation.Top of page This Part addresses the offences commonly committed via social media and identifies four distinct categories of offences.Communications which specifically target an individual or individuals and which may constitute harassment or stalking, controlling or coercive behaviour, disclosing private sexual images without consent, an offence under the Sexual Offences Act 2003, blackmail or another offence.Communications which may amount to a breach of a court order or a statutory prohibition.This test has two stages: the first is the requirement of evidential sufficiency and the second involves consideration of the public interest.As far as the evidential stage is concerned, a prosecutor must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction.

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However, for the reasons set out below, the context in which any communication is sent will be highly material.

The section also explains the application of Article 10 of the European Convention on Human Rights to Category 4 cases.

Having identified the category, prosecutors should follow the approach set out under the relevant heading below.

Detailed guidance is provided on the approach to be taken to reviewing cases that come within category 4, in particular on how to assess the evidential and public interest stages of the Full Code Test, and the relevance of Article 10 ECHR to these offences.

Prosecutors should make an initial assessment of the content of the communication and the conduct in question so as to distinguish between: Communications which may constitute threats of violence to the person or damage to property.

These guidelines are primarily concerned with offences that may be committed by reason of the nature or content of a communication sent via social media.