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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Commons Confidential: Dave's picnic with Dacre

Revenge is a dish best served cold from a wicker hamper.

Sulking David Cameron can’t forgive the Daily Mail editor, Paul Dacre, for his role in his downfall. The unrelenting hostility of the self-appointed voice of Middle England to the Remain cause felt pivotal to the defeat. So, what a glorious coincidence it was that they found themselves picnicking a couple of motors apart before England beat Scotland at Twickenham. My snout recalled Cameron studiously peering in the opposite direction. On Dacre’s face was the smile of an assassin. Revenge is a dish best served cold from a wicker hamper.

The good news is that since Jeremy Corbyn let Theresa May off the Budget hook at Prime Minister’s Questions, most of his MPs no longer hate him. The bad news is that many now openly express their pity. It is whispered that Corbyn’s office made it clear that he didn’t wish to sit next to Tony Blair at the unveiling of the Iraq and Afghanistan war memorial in London. His desire for distance was probably reciprocated, as Comrade Corbyn wanted Brigadier Blair to be charged with war crimes. Fighting old battles is easier than beating the Tories.

Brexit is a ticket to travel. The Independent Parliamentary Standards Authority is lifting its three-trip cap on funded journeys to Europe for MPs. The idea of paying for as many cross-Channel visits as a politician can enjoy reminds me of Denis MacShane. Under the old limits, he ended up in the clink for fiddling accounts to fund his Continental missionary work. If the new rule was applied retrospectively, perhaps the former Labour minister should be entitled to get his seat back and compensation?

The word in Ukip is that Paul Nuttall, OBE VC KG – the ridiculed former Premier League professional footballer and England 1966 World Cup winner – has cold feet after his Stoke mauling about standing in a by-election in Leigh (assuming that Andy Burnham is elected mayor of Greater Manchester in May). The electorate already knows his Walter Mitty act too well.

A senior Labour MP, who demanded anonymity, revealed that she had received a letter after Leicester’s Keith Vaz paid men to entertain him. Vaz had posed as Jim the washing machine man. Why, asked the complainant, wasn’t this second job listed in the register of members’ interests? She’s avoiding writing a reply.

Years ago, this column unearthed and ridiculed the early journalism of George Osborne, who must be the least qualified newspaper editor in history. The cabinet lackey Ben “Selwyn” Gummer’s feeble intervention in the Osborne debate has put him on our radar. We are now watching him and will be reporting back. My snouts are already unearthing interesting information.

Kevin Maguire is the associate editor (politics) of the Daily Mirror

Kevin Maguire is Associate Editor (Politics) on the Daily Mirror and author of our Commons Confidential column on the high politics and low life in Westminster. An award-winning journalist, he is in frequent demand on television and radio and co-authored a book on great parliamentary scandals. He was formerly Chief Reporter on the Guardian and Labour Correspondent on the Daily Telegraph.

This article first appeared in the 23 March 2017 issue of the New Statesman, Trump's permanent revolution