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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Is Scottish Labour on the way back, or heading for civil war?

There are signs of life, but also recriminations.

The extraordinary rise of the Scottish Tories and the collapse in SNP seat numbers grabbed most of the headlines in the recent general election. Less remarked on was the sudden, unexpected exhalation of air that came from what was thought to be the corpse of Scottish Labour.

In 2015, Labour lost 40 of its 41 Scottish seats as the SNP rocketed from six to 56, was wiped out in its Glaswegian heartlands, and looked to have ceded its place as the choice of centre-left voters – perhaps permanently – to the Nationalists. But while the electorate’s convulsion in June against the SNP’s insistence on a second independence referendum most benefited Ruth Davidson, it also served to reanimate Labour.

The six seats grabbed back (making a total of seven) included three in the West of Scotland, proving that the Nat stranglehold on Labour’s territory was not quite as secure as it had seemed. There is, it appears, life in the old dog yet.

Not only that, but the surprise success of Jeremy Corbyn across the UK has stiffened Labour’s spine when it comes to insisting that it, and not the SNP, is the rightful home of Scotland’s socialists.

Corbyn was largely kept south of the border during the election campaign – Kezia Dugdale, the leader at Holyrood, had supported Owen Smith’s leadership challenge. But in August, Corbyn will embark on a five-day tour of marginal SNP constituencies that Labour could potentially take back at the next election. The party has set a target of reclaiming 18 Scottish seats as part of the 64 it needs across Britain to win a majority at Westminster. The trip will focus on traditional areas such as Glasgow and Lanarkshire, where tiny swings would return seats to the People’s Party. Dugdale is no doubt hoping for some reflected glory.

Corbyn will present himself as the authentically left-wing choice, a leader who will increase public spending and invest in public services compared to the austerity of the Tories and the timidity of the SNP. “Labour remains on an election footing as a government-in-waiting, ready to end failed austerity and ensure that Scotland has the resources it needs to provide the public services its people deserve,” he said. “Unlike the SNP and the Tories, Labour will transform our economy through investment, insisting that the true wealth creators - that means all of us – benefit from it.”

The SNP has benefited in recent years from the feeling among many north of the border that Labour and the Tories were committed to differing shades of a similar economic programme, that was starving public services of cash and that paid little attention to Scottish desires or needs. But as the Nats’ spell in government in Edinburgh has worn on, first under Alex Salmond and now Nicola Sturgeon, with little being done to tackle the nation’s social problems, patience has started to run out.

Dugdale said yesterday that she “looked forward to joining Jeremy in August as we take our message to the people of Scotland”. That’s not a sentiment we would have heard from her before June. But it does raise the future spectacle of Davidson’s Tories battling for the centre and centre-right vote and Labour gunning for the left. The SNP, which has tried to be all things to all people, will have to make a choice – boasting that it is “Scotland’s Party” is unlikely to be enough.

The 20th anniversary of the referendum that delivered the Scottish Parliament is almost upon us. Then, Scottish Labour provided the UK and the Westminster government with figures of the stature of Gordon Brown, Robin Cook, Donald Dewar and George Robertson. That was a long time ago, and the decline in quality of Labour’s representatives both in London and Edinburgh since has been marked. The SNP’s decade of success has attracted much of the brightest new talent through its doors. Young Scots still seem to be set on the idea of independence. Labour has a credibility problem that won’t be easily shaken off.

But still, the body has twitched – perhaps it’s even sitting up. Is Scottish Labour on the way back? If so, is that down to the SNP’s declining popularity or to Corbyn’s appeal? And could Dugdale be a convincing frontwoman for a genuinely left-wing agenda?

There may be trouble ahead. Yesterday, the Scottish Labour Campaign for Socialism – whose convener, Neil Findlay MSP, ran Corbyn’s leadership campaign in Scotland – accused Dugdale of “holding Corbyn back” in June. A spokesperson for the group said: “While it’s great we won some seats back, it’s clear that the campaign here failed to deliver. While elsewhere we've seen people being enthused by ‘for the many, not the few’ we concentrated on the dispiriting visionless ‘send Nicola a message’ – and paid a price for that, coming third in votes and seats for the first time in a century. In Scotland we looked more like [former Scottish leader] Jim Murphy’s Labour Party than Jeremy Corbyn’s – and that isn’t a good look.”

While the group insists this isn’t intended as a challenge to Dugdale, that might change if Corbyn receives a rapturous reception in August. We’ll learn then whether Scotland is falling for the high-tax, high-spending pitch that seems to be working so well elsewhere, and whether Scottish Labour has jerked back to life only to find itself staring down the barrel of a civil war.

Chris Deerin is the New Statesman's contributing editor (Scotland).