Joey Barton receives Suspended Sentence Order for Malicious Commuications

As noted in a post of 18 September 2025, modern English criminal law has a considerable number of statutory "Communications" offences.

• Malicious Communications Act 1988 section 1 - Offence of sending letters etc. with intent to cause distress or anxiety.

• Communications Act 2003 section 127 - Improper use of public electronic communications network.

• Online Safety Act 2023 Part 10 - this contains several offences relating to communications. 

Mr Joseph ("Joey") Barton was a professional footballer for Manchester City FC (2002 - 2007) and Manchester United FC (2007 - 2011). He was sentenced for 6 offences under section 1(1)(b) of the Malicious Communications Act 1988. 

The section applies to

the sending of any electronic communication which is, in whole or part, of an indecent or grossly offensive nature IF the purpose, or one purpose, is to cause distress or anxiety to the recipient or to any other person to whom he intends that it or its contents or nature should be communicated. 

The offence is "either-way" and carries (a) on conviction on indictment to imprisonment for a term not exceeding two years or a fine (or both); (b) on summary conviction to imprisonment for a term not exceeding 12 months or a fine (or both). 

Barton's case was tried in the Crown Court by HHK Judge Menary KC sitting with a jury. 

See Sentencing remarks of HHJ Menary KC. 

Barton received a Suspended Sentence Order. Two counts were regarded as racially aggravated and received custodial terms of 6 months on each. The other 4 counts each received 4 month custody. All sentences to be concurrent and all suspended for 18 months. Barton is subject to a rehabilitation activity requirement of up to 20 days; and must complete 200 hours of unpaid work in the community. The judge also imposed restraining orders relating to each of 3 victims/ Those orders will last for 2 years.

The jury plainly regarded the communications as grossly offensive. This is one way in which a jury - made up of citizens - expresses a view on behalf of the wider community.  The condemnation is not from a State-appointed judge but from fellow citizens.

The government plans to remove the right to elect for jury trial in cases where the likely sentence will be 3 years imprisonment or less. See previous post.

Please read the sentencing remarks in full.