Making an example of Edward Woollard

Has there been a miscarriage of justice?

Edward Woollard was a bloody idiot who could well have killed somebody. However, this should not mean that he should be tried and punished unfairly; there is no reason for English justice to be a bloody idiot, too.

However, to begin with, one thing must be made clear. There can be no sensible excuse for what he did with that fire extinguisher. In the words of the Guardian:

[Woollard] was seen picking up the half-empty canister, discarded by another student, before spraying the crowd below and then throwing it in the direction of police beneath. Other footage showed it hurtling from the roof to land with a heavy, audible thud within a metre of police officers.

This is the sort of case where there should be criminal liability. There even seems good reason to give a custodial sentence. However, Woollard was sentenced to an incredible 32 months of imprisonment. This seems harsh and disproportionate in respect of an impulsive action where (thankfully) no one was actually injured.

Strictly speaking, Woollard was not even directly prosecuted for the fire extinguisher incident. The charge, as supplied by the Crown Prosecution Service, reads more generally:

Edward Woollard, on 10 November 2010 at Milbank Tower, London SW1, used or threatened unlawful violence when present together with others, being three or more persons in total, who used or threatened unlawful violence, and the conduct taken together was such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety, contrary to Section 2 of the Public Order Act 1986.

Without wishing to diminish the seriousness of what Woollard did, is there a question about whether this was actually the correct offence with which to charge and prosecute him? Was this really a Section 2 offence, with its onerous range of possible sentences?

The offence of "violent disorder" requires there to be three or more individuals threatening unlawful violence, although not all of them need to be charged or identified. It is not an offence that should be prosecuted in respect of a discrete act by one individual. After all, it was only Woollard who dropped a fire extinguisher from Milbank Tower.

Perhaps significantly, the CPS has now confirmed that no other person has been charged in respect of violence at Milbank Tower, only Woollard. But unless there were others engaged in "violent disorder," the Section 2 offence simply does not seem to apply, however incredibly stupid the particular action.

Can one be concerned that this offence was chosen because the range of custodial sentences available to the sentencing court would be higher than another offence that dealt with his individual actions? It must be noted that Woollard had given himself up and had indicated that he would plead guilty. It was thereby unlikely he or his lawyer would object to the then offence selected.

The Section 2 offence is usually used for mass pub fights or incidents involving football hooligans. Often there is an element of planning, or there are serious knock-on effects: a group throwing missiles or having a punch-up. (See these examples with similar sentences put together here by @MTPT on Twitter.)

It is clear that Woollard did not plan to drop the extinguisher: it was an impulsive, if dangerous act. As Deborah Orr says in the Guardian:

He was a schoolboy who had came up on a coach from the New Forest to attend a protest organised by the National Union of Students (NUS), and there is no sign that he was expecting to be caught up in a breakaway riot that day. He wore no hood. He wore no mask. He had brought no billiard balls. He didn't even liberate the fire extinguisher in the first place.

However, in passing judgment, Geoffrey Rivlin, QC told Woollard that he was "exceedingly fortunate" his action did not result in death or severe injury to others, as it was a case of "serious criminal violence creating a situation of grave danger to others".

Furthermore:

[T]he right of peaceful protest is a precious one. Those who abuse it and use the occasion to indulge in serious violence must expect a lengthy sentence of immediate custody.

In respect of Woollard's intentions:

[His main motivation] was to create a sense of disturbance, anarchy and antisocial behaviour.

The judge then turned to the sentence to be passed:

It is deeply regrettable, indeed a shocking thing, for a court to have to sentence a young man such as you to a substantial term of custody, but the courts have a duty to provide the community with such protection from violence as they can, and this means sending out a very clear message to anyone minded to behave in this way that an offence of this seriousness will not be tolerated.

If ever a case calls for a deterrent sentence, this is it. I wish to stress, however, that this is not a case of making an example of you alone. Anyone who behaves in this way and comes before the courts must expect a long sentence of custody.

Was this the correct approach? Or was it unjust?

A "deterrent" sentence is one, by definition, that is disproportionate to the offence committed but has been imposed for wider policy reasons: so as to have an effect on others.

However, justice requires that a convicted defendant be treated similarly to another person convicted of the same crime, unless there is a good reason to depart from a consistent approach.

There is no reason for violent disorder at a political demonstration to be more worthy of a deterrent sentence than a fight outside a public house or an attack by a racist gang. It is in the nature of Section 2 offences that they will tend to be in respect of disturbances that have a communal or social context.

A disproportionate sentence really serves the interests of no one. It does not assist the court in making the supposed "example": for if it is overturned on appeal, then any force of deterrence is lost.

It does not serve the public, as it can suggest to those who plan disorder that one mayas well "be hanged for a sheep as for a lamb".

It will not deter actions similar to those of Woollard, as the sentence has been given in respect of something evidently done on impulse.

And it certainly does not assist in the rehabilitation of an 18-year-old offender, whose life is now ruined.

Rather, this is the very type of conviction and sentence that may tend to undermine the legitimacy of the state and its administration of justice. It appears that although Woollard was a bloody idiot, this could well be the wrong offence and the wrong sentence.

And, if this is so, then by seeking to make an example of him the court, perhaps, has itself set the bad example.

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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“It feels like a betrayal”: EU citizens react to Jeremy Corbyn’s migration stance

How do Labour-supporting European migrants in the UK feel about their leader wanting to control EU migration?

“This feels a bit different from the man I had campaigned for,” says Eva Blum-Dumontet. “It felt like he was on the side of the group that matters, regardless of whether they were actually going to make him gain voters or not. He was on the side of what seemed right.”

Blum-Dumontet is a 26-year-old EU citizen who has been in the UK for five years. She works as a researcher for a charity and lives in north-east London’s Walthamstow, where she is the local Labour party’s women’s officer.

She joined Labour just before the 2015 general election, and campaigned for Jeremy Corbyn during his leadership bid that year. She spent one and a half months that summer involved in his campaign, either phone banking at its headquarters at the Unite union building, or at campaign events, every other evening.

“When he suddenly rose out of nowhere, that was a really inspiring moment,” she recalls. “They were really keen on involving people who had recently arrived, which was good.”

“Aside from the EU, I share all of his views”

Blum-Dumontet voted for Corbyn in both of Labour’s leadership elections, and she joined Momentum as soon as it was set up following Corbyn winning the first one in 2015. But she left the group two months ago.

She is one of the roughly three million EU citizens living in the UK today whose fate is precarious following the EU referendum result. And she doesn’t feel Corbyn is sticking up for her interests.

Over the weekend, the Labour leader gave an interview that has upset some Labour-supporting EU migrants like her.

Corbyn reiterated his opposition to staying in the single market – a longstanding left-wing stance against free market dominance. He added that his immigration policy “would be a managed thing on the basis of the work required” rather than free movement, and, in condemning agencies exploiting migrant workers, he said:

“What there wouldn’t be is wholesale importation of underpaid workers from central Europe in order to destroy conditions, particularly in the construction industry. You prevent agencies recruiting wholescale workforces like that; you advertise for jobs in the locality first.”

Corbyn also emphasised that Labour would guarantee the rights of EU nationals to stay in Britain – including the right of family reunion – and that there would still be Europeans working here and vice versa. But, for some in his party who hail from Europe, the damage was done.

“I feel like he’s now trying to signal more and more that he’s not on all sides, he’s on the side of people who are just scared of migrants,” says Blum-Dumantet, who will nevertheless stay in the party to try and change the policy. “The idea that he is willing to engage in this whole dog-whistling immigration fear feeling is a bit disturbing.”

She stresses that, “aside from the EU, I share all of his views”, but adds:

“I feel like he’s chosen his socialist utopia – and I don’t mean that as a bad thing; I’m a socialist as well – over the reality of the concrete lives of three million people. For us, this is not about some abstract ideal, it’s about our lives, whether we can get jobs here, whether we can stay here. And for the sake of his ideal, he’s sacrificing that. That does feel like a betrayal.”

***

Other EU migrants who initially supported Corbyn also feel let down. Sabrina Huck, the London representative of Labour’s youth wing Young Labour, moved here from Germany in February 2014.

Having joined the party that year, she voted for Corbyn in the first leadership election, “particularly because of things like being an internationalist, talking about migrant solidarity”.

Huck, 26, who lives in south London and works in public affairs, began to change her mind about him she discovered his Eurosceptic views. “It’s kind of my fault because I didn’t really do the research properly on him, I guess!” she laughs.

“I understand the argument that we have put downward wage pressure on some jobs”

Now, she feels “disappointed” in Corbyn’s comments about “wholesale importation” of workers. “The way he articulates himself – it doesn’t sound like what I wanted to hear from a Labour leader, particularly somebody who’s been a proud internationalist, proud migrant rights campaigner,” she tells me.

“I think the way he was making his point about wages was laying the blame way too much with workers and not with the bosses, basically.”

Huck notes that Corbyn is against the single market because of his socialist view of the EU as a “capitalist club”, rather than concern about borders. But she feels he’s using “the immigration argument” to sound mainstream:

“I feel like he’s using it as an opportunity to further his own ideological goal of leaving the single market by tying that to an argument that goes down well with the Leave-voting public.”

***

However, other Labour-leaning EU migrants I speak to do not feel Corbyn’s genuine motive is to bring immigration down – and are more understanding of his comments.

“I appreciate and understand the argument that we have put downward wage pressure on some – particularly blue collar or poorer paid – jobs, that is the nature of mass migration,” says a 29-year-old Czech who works for the government (so wishes not to be named), and has lived here since 2014. She believes his comments were made to “appeal to the hard left and Ukip types”, and has left the Labour party. But she adds:

“I can understand how communities suffering through a decade of stagnant wage growth and austerity are looking for a scapegoat, easily found in the form of migrants – particularly in a country where minimum wage and labour protections are so weak legislatively, and so poorly enforced.”

She also is sceptical that a “mass deportation” of EU migrants from Britain is likely to happen. “The optics are too bad, at a minimum,” she says. “It would look too much like the 1930s. What would the government do? Put us all on boats back to Europe?”

“I kind of shrugged off those comments and they didn’t bother me massively”

“I think they [Labour] are feeling their way around the issue [of Brexit] and are listening for public sentiment,” says Agnes Pinteaux, a Hungarian-born 48-year-old who moved to Britain in 1998. “But reconciling their hardcore Brexit support, those who just hate immigrants, those who want ‘sovereignty’, and those who want Brexit ditched altogether is going to be impossible.”

“I think the debate about the ethics of free movement of labour is a legitimate one, but it has to be rooted in human rights and dignity,” says Anna Chowrow, a 29-year-old third sector financial manager who moved from Poland to Scotland in 2007, adding:

“I was thrilled when Jeremy Corbyn was first elected Labour leader, and I have admiration for his principled approach. [But] I am in disbelief that these comments – akin to ‘British jobs for British workers’ – were made by him. The dehumanising language of ‘importation’ and ‘destruction’ is beyond disappointing.”

***

Finding EU citizens in Britain who are entirely sympathetic to Corbyn’s comments is difficult. Forthcoming defenders of his stance are hard to come by, suggesting that it’s a minority view among Europeans living in Britain. But there are some who continue to back him.

“I like Jeremy Corbyn’s authenticity. He comes across as genuine and honest, and I agree with most of his ideas. Contrary to the majority of politicians, he’s actually not afraid of coming across as a human being,” says Teresa Ellhotka, 24, who moved to the UK from Austria in 2016 and works in PR.

“His ideas and visions are, in my opinion, still very progressive”

“I kind of shrugged off those comments and they didn’t bother me massively,” she says of Corbyn’s stance on EU migrants. “My mind about Jeremy Corbyn hasn’t changed drastically as his ideas and visions are, in my opinion, still very progressive and I admire that he is dedicated to change but in a human way, and doesn’t suggest fighting fire with fire – as many other politicians, and people, seem to do.”

Ellhotka admits to being “a little surprised, as I did not expect this stance from him at all”, but feels there has been “so much back-and-forth” on the issue that she’s stopped worrying about what politicians say.

“Nobody seems to know what exactly is going to happen anyway.” The only thing, perhaps, that all politicians – and their voters – can agree on.

Anoosh Chakelian is senior writer at the New Statesman.