A brief guide to the Twitter Joke Trial

What to watch out for in the Paul Chambers case today.

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.

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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Our union backed Brexit, but that doesn't mean scrapping freedom of movement

We can only improve the lives of our members, like those planning stike action at McDonalds, through solidarity.

The campaign to defend and extend free movement – highlighted by the launch of the Labour Campaign for Free Movement this month – is being seen in some circles as a back door strategy to re-run the EU referendum. If that was truly the case, then I don't think Unions like mine (the BFAWU) would be involved, especially as we campaigned to leave the EU ourselves.

In stark contrast to the rhetoric used by many sections of the Leave campaign, our argument wasn’t driven by fear and paranoia about migrant workers. A good number of the BFAWU’s membership is made up of workers not just from the EU, but from all corners of the world. They make a positive contribution to the industry that we represent. These people make a far larger and important contribution to our society and our communities than the wealthy Brexiteers, who sought to do nothing other than de-humanise them, cheered along by a rabid, right-wing press. 

Those who are calling for end to freedom of movement fail to realise that it’s people, rather than land and borders that makes the world we live in. Division works only in the interest of those that want to hold power, control, influence and wealth. Unfortunately, despite a rich history in terms of where division leads us, a good chunk of the UK population still falls for it. We believe that those who live and work here or in other countries should have their skills recognised and enjoy the same rights as those born in that country, including the democratic right to vote. 

Workers born outside of the UK contribute more than £328 million to the UK economy every day. Our NHS depends on their labour in order to keep it running; the leisure and hospitality industries depend on them in order to function; the food industry (including farming to a degree) is often propped up by their work.

The real architects of our misery and hardship reside in Westminster. It is they who introduced legislation designed to allow bosses to act with impunity and pay poverty wages. The only way we can really improve our lives is not as some would have you believe, by blaming other poor workers from other countries, it is through standing together in solidarity. By organising and combining that we become stronger as our fabulous members are showing through their decision to ballot for strike action in McDonalds.

Our members in McDonalds are both born in the UK and outside the UK, and where the bosses have separated groups of workers by pitting certain nationalities against each other, the workers organised have stood together and fought to win change for all, even organising themed social events to welcome each other in the face of the bosses ‘attempts to create divisions in the workplace.

Our union has held the long term view that we should have a planned economy with an ability to own and control the means of production. Our members saw the EU as a gravy train, working in the interests of wealthy elites and industrial scale tax avoidance. They felt that leaving the EU would give the UK the best opportunity to renationalise our key industries and begin a programme of manufacturing on a scale that would allow us to be self-sufficient and independent while enjoying solid trading relationships with other countries. Obviously, a key component in terms of facilitating this is continued freedom of movement.

Many of our members come from communities that voted to leave the EU. They are a reflection of real life that the movers and shakers in both the Leave and Remain campaigns took for granted. We weren’t surprised by the outcome of the EU referendum; after decades of politicians heaping blame on the EU for everything from the shape of fruit to personal hardship, what else could we possibly expect? However, we cannot allow migrant labour to remain as a political football to give succour to the prejudices of the uninformed. Given the same rights and freedoms as UK citizens, foreign workers have the ability to ensure that the UK actually makes a success of Brexit, one that benefits the many, rather than the few.

Ian Hodon is President of the Bakers and Allied Food Workers Union and founding signatory of the Labour Campaign for Free Movement.