Photography and Contempt of Court

The real story of the case of Paul Thompson.

Yesterday it was reported that Paul Thompson was sent to prison for two months, just for taking a photograph in court with his Blackberry.

It was a classic "Bad Law" news story, the sort of piece which will make the reader think that the "law is an ass". Such stories are a journalistic staple; they are easy to write, and the result is invariably outrage at the disproportion of the sanction or the lack of common sense.

Often these stories are true, for the law can indeed be an ass. All those concerned with the application of legal powers and judicial remedies -- from police officers to distinguished judges -- make mistakes or act without proper deliberation and, given the coercive force of law, people's lives can be adversely affected. Similarly those who devise or make laws, such as civil servants and politicians, can end up legislating on a misconceived basis. The law can be brought into disrepute in many ways and by many people, most of whom should know better.

But sometimes the news stories are incorrect. To paraphrase Ben Goldacre, author of the Bad Science columns at the Guardian, it turns out that things are more complicated than is apparent from news reports. Any news story which prompts the reaction that the "law is an ass" is normally one of two kinds: either the law is actually at fault, or the legal reporting is incomplete or misleading. In other words, a "Bad Law" news story means either bad law, or bad law journalism.

And so we turn to the story of Paul Thompson and his Blackberry. The Times reported (£) that 19-year-old Thompson "was sitting in the public gallery of Luton crown court to watch a friend being sentenced for robbing an off-duty police officer when he took a snap of the courtroom on his Blackberry". This photograph was "in response to a message from a girl asking where he was".

Thompson was spotted, taken to the cells, and then on his return to court was sentenced to two months imprisonment. The Times referred to section 41 of the Criminal Justice Act 1925, which prohibits photography in Court. There was also mention that the sanction is up to two years in prison or a fine. A well-known media lawyer was then quoted as saying that the penalty seemed "robust for someone who had committed an inadvertent breach of the law". There was even mention of Thompson's "eight week-old puppy", which had been left "alone in his flat in Luton". The story was reported in similar terms by the BBC, and even the Guardian took the story at face value.

It was seemingly stark that this was a ridiculous over-reaction by the judge. It surely could not be right that a teenager should be imprisoned in such a casual fashion, for such a long period (and which left a puppy to starve).

So what really happened?

What did occur was more complicated than the account set out in the Times and elsewhere. In fact, Thompson had been continually disruptive in Court and had been asked twice by the usher to stop disrupting proceedings. As a spokesperson for the Judicial Office of Communication stated:

Mr Thompson had been disruptive throughout the sentencing hearing. He was warned twice by the court usher to keep quiet in court before being finally asked to leave the court. He had also taken a photograph in court of the victim in the case who had suffered a violent robbery.

Her Honour Judge Mensah dealt with the matter under the Contempt of Court Act 1981 and not s.41 of the Criminal Justice Act 1925 as some media have reported. She considered the totality of Mr Thompson's behaviour in court. In sentencing him she took into account his immediate admission of guilt and made clear the sentence included an element of punishment and deterrent to others.

So, contrary to the news reports, Thompson was not punished just for taking a photograph, and nor was he convicted under the offence specified by the Times (which, in any case carries, only a small fine). He instead was sentenced in respect of the disruption as a whole. The photograph was not just a quick picture of the court to show a friend where he was; it was instead a photograph of the victim of a violent assault. And it was not a casual sanction; there had been warnings, and legal representation was arranged. The photograph taken was examined by the police and the judge before the sentence was handed down. Almost all this information was available to those reporting the story, had they asked for it.

The robbery involved appears to have been horrifying. According to the judge:

[The victim] was ambushed by somebody putting a gun to his head.

He was pulled to the ground and his eyes were covered and he was violently robbed.

The gun may have been imitation but that is of little comfort to the victim who had it poked to his head and I have heard evidence that you laughed after the robbery and childishly adopted gangster-like poses for photographs.

You thought it was funny to rob someone at gun-point, putting them in immense fear.

Both of you are dangerous young men who glory in following dishonest and violent life styles.

One can perhaps see why a camera then being pointed at the victim by Thompson did not go down terribly well with the judge.

All this said, the question remains whether the two-month imprisonment for Thompson was excessive. The Court of Appeal in 2004 (referred to here) held that a twelve month sentence for contempt of court was appropriate when the appellant took three photographs -- of people in the Court canteen, a witness giving evidence, and a defendant and prison officer in the dock. The Court of Appeal said that taking photographs in the courtroom was a growing problem and needed to be taken seriously, especially when the pictures are of those who could face intimidation or reprisals. Accordingly, it was clear "that illegal photography had the potential gravely to prejudice the administration of criminal justice". In appropriate cases, immediate imprisonment was appropriate; in that appeal case, this would be for 12 months, but for others "the clang of the prison gates would be enough". However, in the case of a tourist just snapping a pic in ignorance of the law, a fine would be appropriate.

Nonetheless, two months imprisonment is a long time for any 19-year-old. It may be that there is an appeal. What is certain is that the initial news reports of what happened last week in Luton Crown Court did not really tell the fuller story. Someone was continually disrupting the sentencing in respect of a serious violent offence, and he then took a photograph of the victim. On these facts, it would appear that there was indeed a contempt of court. Thompson was then provided with legal representation before being sentenced. An appeal court may consider whether two months is excessive; which it could well be. But this does not seem a case where it was the law which was an ass.

And, fortunately, the puppy did not starve.


David Allen Green is legal correspondent of the New Statesman

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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Caroline Lucas and Jonathan Bartley: "The Greens can win over Ukip voters too"

The party co-leaders condemned Labour's "witch hunt" of Green-supporting members. 

“You only have to cast your eyes along those green benches to think this place doesn't really represent modern Britain,” said Caroline Lucas, the UK’s only Green MP, of the House of Commons. “There are lots of things you could do about it, and one is say: ‘Why not have job share MPs?’”

Politics is full of partnerships and rivalries, but not job shares. When Lucas and Jonathan Bartley were elected co-leaders of the Green party in September, they made history. 

“I don't think any week's been typical so far,” said Bartley, when I met the co-leaders in Westminster’s Portcullis House. During the debate on the Hinkley power plant, he said, Lucas was in her constituency: “I was in Westminster, so I could pop over to do the interviews.”

Other times, it’s Bartley who travels: “I’ve been over to Calais already, and I was up in Morecambe and Lancaster. It means we’re not left without a leader.”

The two Green leaders have had varied careers. Lucas has become a familiar face in Parliament since 2010, whereas Bartley has spent most of his career in political backrooms and wonkish circles (he co-founded the think tank Ekklesia). In the six weeks since being elected, though, they seem to have mastered the knack of backing each other up. After Lucas, who represents Brighton Pavilion, made her point about the green benches, Bartley chimed in. “My son is a wheelchair user. He is now 14," he said. "I just spent a month with him, because he had to have a major operation and he was in the recovery period. The job share allows that opportunity.”

It’s hard enough for Labour’s shadow cabinet to stay on message. So how will the Greens do it? “We basically said that although we've got two leaders, we've got one set of policies,” said Lucas. She smiled. “Whereas Labour kind of has the opposite.”

The ranks of the Greens, like Labour, have swelled since the referendum. Many are the usual suspects - Remainers still distressed about Brexit. But Lucas and Bartley believe they can tap into some of the discontent driving the Ukip vote in northern England.

“In Morecambe, I was chatting to someone who was deciding whether to vote Ukip or Green,” said Bartley. “He was really distrustful of the big political parties, and he wanted to send a clear message.”

Bartley points to an Ashcroft poll showing roughly half of Leave voters believed capitalism was a force for ill (a larger proportion nevertheless was deeply suspicious of the green movement). Nevertheless, the idea of voters moving from a party defined by border control to one that is against open borders “for now” seems counterintuitive. 

“This issue in the local election wasn’t about migration,” Bartley said. “This voter was talking about power and control, and he recognised the Greens could give him that.

“He was remarking it was the first time anyone had knocked on his door.”

According to a 2015 study by the LSE researcher James Dennison, Greens and Kippers stand out almost equally for their mistrust in politicians, and their dissatisfaction with British democracy. 

Lucas believes Ukip voters want to give “the system” a “bloody big kick” and “people who vote Green are sometimes doing that too”. 

She said: “We’re standing up against the system in a very different way from Ukip, but to that extent there is a commonality.”

The Greens say what they believe, she added: “We’re not going to limit our ambitions to the social liberal.”

A more reliable source of support may be the young. A May 2015 YouGov poll found 7 per cent of voters aged 18 to 29 intended to vote Green, compared to just 2 per cent of those aged 60+. 

Bartley is cautious about inflaming a generational divide, but Lucas acknowledges that young people feel “massively let down”.

She said: “They are certainly let down by our housing market, they are let down by universities. 

“The Greens are still against tuition fees - we want a small tax for the biggest businesses to fund education because for us education is a public good, not a private commodity.”

Of course, it’s all very well telling young people what they want to hear, but in the meantime the Tory government is moving towards a hard Brexit and scrapping maintenance grants. Lucas and Bartley are some of the biggest cheerleaders for a progressive alliance, and Lucas co-authored a book with rising Labour star Lisa Nandy on the subject. On the book tour, she was “amazed” by how many people turned up “on wet Friday evenings” to hear about “how we choose a less tribal politics”. 

Nevertheless, the idea is still controversial, not least among many in Nandy's own party. The recent leadership contest saw a spate of members ejected for publicly supporting the Greens, among other parties. 

“It was like a witch hunt,” said Lucas. “Some of those tweets were from a year or two ago. They might have retweeted something that happened to be from me saying ‘come join us in opposing fracking’, which is now a Labour policy. To kick someone out for that is deeply shocking.”

By contrast, the Greens have recently launched a friends scheme for supporters, including those who are already a member of another party. “The idea that one party is going to know it all is nonsense,” said Bartley. “That isn’t reality.”

Lucas and Bartley believe the biggest potential for a progressive alliance is at constituency level, where local people feel empowered, not disenfranchised, by brokering deals. They recall the 1997 election, when voters rallied around the independent candidate Martin Bell to trounce the supposedly safe Tory MP Neil Hamilton. Citing a recent letter co-signed by the Greens, the Scottish National Party and Plaid Cymru condemning Tory rhetoric on immigrants, Bartley points out that smaller parties are already finding ways to magnify their voice. The fact the party backed down on listing foreign workers was, he argued, “a significant win”. 

As for true electoral reform, in 2011, a referendum on changing Britain's rigid first past the post system failed miserably. But the dismal polls for the Labour party, could, Lucas thinks, open up a fresh debate.

“More and more people in the Labour party recognise now that no matter who their leader is, their chance of getting an outright majority at the next election is actually vanishingly small,” she said. “It’s in their interests to support electoral reform. That's the game changer.” 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.