A brief guide to the Twitter Joke Trial
What to watch out for in the Paul Chambers case today.
By David Allen Green Published 24 September 2010 9:28
Doncaster Crown Court will today hear the appeal of Paul Chambers against his conviction under Section 127 of the Communications Act 2003 for sending a menacing message over a public telecommunications system.
The background to this unfortunate case -- and why it matters so much to the public -- is set out both here and here. Among those outraged by this misconceived and illiberal prosecution are commentators as various as Nick Cohen and Graham Linehan.
There is no need to add to this scorn and derision for the Crown Prosecution Service. This blog post serves a different purpose: it offers a very brief guide for those following the case today.
The appeal is a full rehearing of the case. Although Paul is the appellant, the prosecution will still go first.
The prosecution then has to establish three things. First, whether Paul's tweet was a message sent over a public telecommuniations system. Second, that the tweet was itself menacing. And third, that Paul sent it with the intention of sending a menacing communication.
On the last point, it would be enough for the prosecution to show that he was aware of the effect it could have, rather than that it was his only deliberate purpose.
The requirements to show that the tweet was menacing and that Paul had the intention (or awareness) that he was sending a menacing communication together have to be proved by the prosecution to the "criminal standard" -- that is, beyond reasonable doubt.
Once the prosecution has set out its case, it falls to Paul's side to make his defence. Acting for Paul is the renowned criminal defence barrister Stephen Ferguson.
It is expected that Paul will be called to give evidence. It may also be that others may be required to give oral evidence.
But there is little dispute over fact, and so no great need for cross-examination; indeed, most of the facts are agreed. The real question for the court is whether the facts actually add up to an offence.
Hearing the case will be a professional judge accompanied by two justices of the peace. As this is a full appeal, the sentence for Paul could theoretically be increased. The maximum sentence for a Section 127 offence is six months' imprisonment.
That said, it would appear unlikely that the sentence will be varied. Rather, the key issue appears to be whether Paul should have been convicted or not.
The verdict should be given later today. It is rare for a criminal court to reserve judgment on such matters, though possible. If the appeal is allowed, then Paul can leave the court with vindication and without a criminal record. If he loses, however, it is open for him to appeal on points of law to the high court, and then to the Court of Appeal.
Beyond that would perhaps be the Supreme Court (the former House of Lords) and the European Court of Human Rights. However, if the result today is bad, then it may be that Paul would just want to draw a line under the whole matter. No one would blame him if he did.
By the end of this afternoon we should know whether the emphatic and lively campaign to reverse the conviction has succeeded, or whether it has suffered a severe setback. As the person co-ordinating the defence, I am, unsurprisingly, a little apprehensive. But those nerves are as nothing in comparison with the stress that Paul and his partner are under.
Paul is dealing with this whole matter with impressive character. He now has a criminal record, and has lost two jobs, for a tweet that was at worst ill-advised. He is doing incredibly well in the circumstances.
For the CPS to regard that tweet as menacing and intended to be so has implications for any person blogging or emailing. There, but for the grace of a god, go most of us.
Let us see if the case can be closed down today, or whether we have to take it to a higher court. Whatever the outcome, Paul Chambers deseves our warmest regards and support.
David Allen Green is providing pro bono assistance to Paul Chambers. He is head of media at City law firm Preiskel & Co and blogs on legal and policy matters for the New Statesman.
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34 comments
perceived even, i before e, except after c, in the english language,
http://www.youtube.com/watch?v=pmArogHFGWo
http://www.xaraxone.com/FeaturedArt/apr08/Lightning-Intercept.jpg
Any takers?
http://www.youtube.com/watch?v=lP8mX1erQBA
My complaint direct to the CPS has just gone.
http://www.cps.gov.uk/contact/feedback_and_complaints/
Iden, in my opinion you should be able to say absolutely what you like.
Oh and incidentally, there IS a campaign to say that same joke over and over - the hashtag being used is #Twitterjoketrial, have a look.
http://www.youtube.com/watch?v=lP8mX1erQBA
and by the way, m'lord, not guilty
http://www.youtube.com/watch?v=lP8mX1erQBA
and, by the way, m'lord, not guilty
beter put the extra comma in, it might be important. Who knows how the feck these crown court judges minds work. Song,
http://www.youtube.com/watch?v=CaC2K34SLhc
Cass Elliot, and the establishment, when being a witch,
http://www.youtube.com/watch?v=DHQKAqgB71o
stuff the video above, this is better, in synch, in heart too, and other crap,
http://www.youtube.com/watch?v=eA0Egmkmisc
What PC Joe would us to be,
http://www.youtube.com/watch?v=pX_BNE-H2v0
let's fall.......
http://www.youtube.com/watch?v=0dDjGVNj2Q8
@swatantra nandanwar
Oh yes, and who would be the judge of what is inappropriate, who would be the gatekeeper of discourse and expression. What a bloody stupid thing to say.
apologies, I can't believe I have posted the wrong copy of Jools and Mark, this is the one that will go down in history,
http://www.youtube.com/watch?v=We_mND4HpTg
Links now sorted. Sorry about that, people.
I can only hope, Swatantra, that you don't find yourself in a position that means telling a joke financially ruins you and destroys your career...lest people look back at your foolish comment and think maybe you should take it on the chin too.
Good luck. Here's hoping the court will see sense.
Your "background to the case" links don't work!
Perhaps David Miliband can arrange for him to be tortured.
@swatantra nandanwa
You are joking right? Right?
Thanks for the summary and good luck.
Paul should accept the consequences of his foolish actions. These days people don't accept personal responsibility but wriggle and whinge, instead of taking it on the chin; to them, its always someone elses fault, not theirs. The decision will be life changing for him, whichever way it goes.
Hope there is plenty of support for him outside Doncaster CC. When the masses are stirred the tar and feathing establishment run scared.
Let the law not become another arse, and let simple common sense prevail, ma' Lord.
Furthermore, for Jack, read Paul,
http://www.youtube.com/watch?v=2dtTfTGt77g
Swatantra...'But I'd rather see legislation, with greater powers of intervention and censorship of the internet to filter out all inappropriate material that is polluting society. We don't need that sort of thing'
Whilst I do think there's some argument for censorship - suicide sites, paedophilia sites for example, your argument for censorship in relation to the Paul Chambers article is ridiculous as is your statement that his appeal is a waste of time and money. The very nature of free speech is at stake here. If passing an off the cuff remark like he did warrants the anti terrorist squad turning up, him losing his job, a court appearance etc - then it won't be long before every comedian,commenter, journalist and Joe and Joanna Bloggs in the country is thrown in the cells.
How do you define inappropriate material? People may find your comments inappropriate.(I'm not saying they do but they could) - should we be able to intervene and censor your comments.
How far do we go then, should we legislate free speech to the extent where no one can say anything because it's a fact of life that something always offends someone and therefore everything becomes inappropriate.
This is a person's life we are talking about, a life that has been seriously affected already and to make throw away, one size fits all comments like that is actually offensive.
The problem stems from the fact that the Lord Satan is very very quick to take offence and never ever forgives... curse and damn all this mans enemies to damned hell. ! let them all to uttermost be burned.
Good luck to you and Mr. Chambers. There are many people who recognise the importance of this case and what it represents.
Ultimately, I'm just sorry that Mr. Chambers has had his life disrupted by this nonsense.
Swatantra....if you took a more 'common sense' view on issues you may have been more successful in chipping away at that 19,407 Tory majority.
Swatantra Nandanwar's comment is absolutely bewildering. He should take it on the chin, take responsibility for his actions? He told a joke on the Internet, it may have been in moderately poor taste but do you honestly believe people should be arrested for such things?
Absolutely astounded at your attitude.
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The Law establishment bottled it to stand up and say how much of an arse they have been. They should have lanced their boil now, and not let it fester.
But hope they will learn lessons from this load of complete nonsense, the fuckbreathes (at times).
Swatantra, you say he's blaming it on someone else? If you'd read the article that's not true- he's admitted to doing it- it's the fact that someone should not have a criminal record for a joke- even if made in poor taste!! If that were the case the majority of comedians would probably be fined/locked up!
Good luck to him- this is a decision that could have consequences for all of us in the future!
This Appeal is a complete waste of time. Perhaps it'll end up in the Supreme Court and European Court. The only good thing that could come out of it is an Etiquette or Code of Conduct for Tweeters suggesting greater self regulation and self discipline.
But I'd rather see legislation, with greater powers of intervention and censorship of the internet to filter out all inappropriate material that is polluting society. We don't need that sort of thing.
@swatantra nandanwar
Oh, I get it now: you're being sarcastic!
Clearly it is a joke you're making: suggesting that we should have our freedom of speech severely restricted by the government in the interests of protecting some perceived moral code of a chosen minority.
Thanks for giving me a laugh!
While I'm sure roughly 99% of social network users would be astounded by Swatantra's comment above, this is an issue which requires serious thought and debate.
Just how far can one go in online comments before police intervention is justified?
There should be a national Twitter campaign about this. I propose organising hundreds of UK twitter users to simultaneously make a similar joke, marked with '#arrestme' hashtag, then retweet each other's jokes and thus challenge the law directly.
Surely they wouldn't arrest all of us?
let's not fall into the trap of the percieved establishment.
I think swatantra speaks sense, yes, so stop bullying him, like digitalspy punters with mehs,
sorry, you started me all over Meades again,
http://www.youtube.com/watch?v=9jhvu9HyyfA
me-qui!