High Court to give "Twitter Joke Trial" appeal verdict

Lord Chief Justice to hand down judgment today

Later this morning the Lord Chief Justice will be handing down judgment for the High Court appeal of the "Twitter Joke Trial". 

This case is about whether a tweet constitutes a "communication of a menacing character" in circumstances where the tweet was self-evidently non-serious and caused no alarm or menace at the time.

In January 2010, an exasperated Paul Chambers suddenly saw news that his local airport was closed, thereby meaning he would not be able to travel to Northern Ireland to see a woman he had met through Twitter.  He tweeted to his 600 or so followers:

Crap! Robin Hood Airport is closed. You’ve got a week and a bit to get your shit together, otherwise I’m blowing the airport sky high!!

This was not sent to the airport.  Paul did not use the airport's Twitter address.  The tweet was clearly not meant to be credible: the use of hyperbolic language, the two swear words, and the excessive punctuation all point to the tweet being in effect a joke.  Even the ultimatum was absurd - the period given was a vague "week and a bit".  The plain meaning of the tweet was not that Paul wanted the airport to close or in any way menaced; this was a communication of someone who dearly wanted the airport to stay open.

However, some days later the tweet was found by an airport employee in an internet search.  He referred it to the airport security manager, who graded it "non-credible".  He in turn, because of process, passed it to airport security police.  They did nothing but referred it to South Yorkshire police.

And then, one fine day, and without having done anything wrong, Paul Chambers was arrested at his workplace by anti-terrorism police and marched in handcuffs to a police van in front of his colleagues.

After a day of interviews the police themselves realise the tweet was a joke intended for Paul's followers and decide not to charge for the "bomb hoax" offence for which he was arrested.  However, the police consult the Crown Prosecution Service.  The CPS decide to prosecute Paul under section 127(1) of the Communications Act 2003 for sending by means of a "public electronic communications network" a message "of a menacing character".  This offence was previously limited to telephony and dates back to the 1930s; but parliament - without debate - had widened it in 2003 to cover all internet communications.  Paul appears to have been one of the first prosecuted in respect of a communication sent over the internet.

Paul is then convicted in May 2010 by Doncaster Magistrates' Court and ordered to pay a fine and costs totaling £1000.  This conviction was upheld in November 2010 by Doncaster Crown Court by Judge Jacqueline Davis and two lay magistrates.  She ruled:

We are satisfied, on the evidence, that the message in question is menacing in its content and obviously so. It is difficult to imagine anything more clear. [...]

It is, in our judgment, menacing per se.

Paul was ordered to pay a further £1000 in costs.

Paul appealed to the High Court.  In February 2012, a two-judge court failed to agree, and a further appeal was ordered to take place before a three-judge court.  This hearing took place on 22 June 2012 before the Lord Chief Justice (who is also the head of the criminal justice system) and two other experienced criminal appeal judges.  

The appeal judgment is likely to deal with four matters: was Paul's tweet at the time it was found by the search engine still a message sent by means of a "public electronic communications network"; was the tweet as a matter of fact (or "actus reus") of a menacing character; was the tweet sent with sufficient intention that a criminal act be committed (the "mens reus"); and whether overall there was a violation of Paul's right to free expression under Article 10 of the European Convention on Human Rights.

The High Court has a wide jurisdiction: it can uphold the conviction; it can reduce (or increase) the sentence; it can discharge the conviction (which means that technically the offence was committed but Paul no longer has a criminal record); it can remit the case back for a re-trial; or it can grant the appeal outright and order an acquittal.

In the event Paul loses today the next step would be to apply to the Supreme Court for a further appeal on a matter of general public importance.

So today will be Paul's ninth day in court in a case which has now lasted two-and-a-half years.  

The decision is expected at 9.45 am.

 

David Allen Green is legal correspondent of the New Statesman and solicitor for Paul Chambers in this appeal.  He has been given permission to tweet the result from the High Court at @davidallengreen.  

There is a round-up of links on the last hearing at his Jack of Kent blog.

 

 

 

Royal Courts of Justice. Photograph: Getty Images

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.)

Photo: Getty
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Can Philip Hammond save the Conservatives from public anger at their DUP deal?

The Chancellor has the wriggle room to get close to the DUP's spending increase – but emotion matters more than facts in politics.

The magic money tree exists, and it is growing in Northern Ireland. That’s the attack line that Labour will throw at Theresa May in the wake of her £1bn deal with the DUP to keep her party in office.

It’s worth noting that while £1bn is a big deal in terms of Northern Ireland’s budget – just a touch under £10bn in 2016/17 – as far as the total expenditure of the British government goes, it’s peanuts.

The British government spent £778bn last year – we’re talking about spending an amount of money in Northern Ireland over the course of two years that the NHS loses in pen theft over the course of one in England. To match the increase in relative terms, you’d be looking at a £35bn increase in spending.

But, of course, political arguments are about gut instinct rather than actual numbers. The perception that the streets of Antrim are being paved by gold while the public realm in England, Scotland and Wales falls into disrepair is a real danger to the Conservatives.

But the good news for them is that last year Philip Hammond tweaked his targets to give himself greater headroom in case of a Brexit shock. Now the Tories have experienced a shock of a different kind – a Corbyn shock. That shock was partly due to the Labour leader’s good campaign and May’s bad campaign, but it was also powered by anger at cuts to schools and anger among NHS workers at Jeremy Hunt’s stewardship of the NHS. Conservative MPs have already made it clear to May that the party must not go to the country again while defending cuts to school spending.

Hammond can get to slightly under that £35bn and still stick to his targets. That will mean that the DUP still get to rave about their higher-than-average increase, while avoiding another election in which cuts to schools are front-and-centre. But whether that deprives Labour of their “cuts for you, but not for them” attack line is another question entirely. 

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to domestic and global politics.

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