Why has Tommy Robinson been sentenced for contempt of court?
The far-right activist, whose real name is Stephen Yaxley-Lennon, admitted 10 breaches of a High Court order.
Tommy Robinson has been jailed for 18 months after admitting contempt of court by repeating false allegations against a Syrian refugee, in breach of an injunction.
The far-right activist, whose real name is Stephen Yaxley-Lennon, admitted 10 breaches of a High Court order made in 2021 at the start of a hearing at Woolwich Crown Court on Monday.
He was accused of being in breach of contempt of court after the airing of a film at a protest in Trafalgar Square in July, which repeated the libellous allegations in question.
Passing sentence, Mr Justice Johnson said the breaches of the injunction were not “accidental, negligent or merely reckless” and that the “custodial threshold is amply crossed”.
He said: “It was a planned, deliberate, direct, flagrant breach of the court’s orders. Nobody is above the law. Nobody can pick and choose which injunctions they obey and those they do not.”
Here, Yahoo News looks into Robinson's case and what it means to be in contempt of court.
What is contempt of court?
Contempt of court can broadly be defined as "wrongful conduct which consists of interference with the administration of justice", as per the case of Attorney General v Punch Ltd 2002.
While the legal framework for contempt is distinct from criminal law, the Crown Prosecution Service (CPS) says, there are some cases where they overlap, meaning contempt can amount to a criminal offence.
A common aspect of contempt of court is the risk of unfairly influencing a court case, potentially affecting a trial's outcome or stopping someone from getting a fair trial.
Examples of this set out by the government include disobeying or ignoring a court order, taking photos or shouting out in court, refusing to answer the court’s questions if called as a witness, or publicly commenting on an active court case – depending on what you say.
What did Tommy Robinson admit to
In Tommy Robinson's case, his contempt charges are about disobeying a court's orders, rather than influencing the outcome of a trial.
Under a High Court order made in 2021, the English Defence League founder had been barred from repeating false allegations against Jamal Hijazi, after the then-schoolboy successfully sued him for libel.
After a viral clip showed Hijazi being assaulted at Almondbury Community School in Huddersfield, West Yorkshire, in October 2018, Robinson made false claims on Facebook about him, leading to the libel case in which the activist was told to pay £100,000 in damages.
Robinson was then accused of breaching this High Court order in June this year by the Solicitor General, who claimed he “knowingly” breached the order on four occasions, including by having authorised and published his documentary, Silenced, in May last year.
Robinson also repeated the claims in three interviews between February and June 2023.
A second contempt of court claim was issued in August concerning six further breaches, including playing the film to a demonstration in Trafalgar Square in central London earlier this year.
Lawyers for the Solicitor General described as a "flagrant" breach of the court order and said Robinson had been “thumbing his nose at the court” and “undermining” the rule of law.
Robinson admitted to all 10 breaches of the order in court this morning.
Representing Robinson, Sasha Wass KC, said: “He acted the way that he did, and he accepts his culpability, because he passionately believes in free speech, a free press and the overwhelming desire that he has to expose the truth.”
With his hands on the edge of the dock, Robinson looked up at dozens of supporters in the public gallery and shrugged his shoulders at the judge handed down the sentence. He gave a salute to his audience and pumped his chest as he left the dock.
What are the sentencing guidelines for contempt of court?
If you’re found to be in contempt of court, you could go to prison for up to two years, receive a fine, or both.
Sentences can vary depending on the severity of the contempt, whether it is considered civil or criminal contempt and whether it relates to a magistrates' or Crown Court.
The maximum sentence is two years in prison for a Crown Court and one month (28 days) for a magistrates' court – although it can be up to two months in relation to certain civil orders, says legal firm VHS Fletchers Solicitors.
While there is no statutory limit on how much someone could be fined for contempt, an inferior court, such as a magistrates' can only issue a maximum fine of £2,500.
In some cases, a court could also order the sequestration (confiscation) of a defendant's assets for contempt.
Sentences for contempt vary considerably, as highlighted by VHS Fletchers. For example, protesters in Sheffield who refused to stay within a safety zone erected around trees that were to be felled received suspended prison sentences of two months.
Andrew Camilleri, who on a number of occasions breached a civil court freezing order – preventing a party from dealing with their assets – received a fine of £100,000.
The firm also gives an example of a witness refused to give evidence being sentenced to 12 months in prison, which was reduced to three months following an appeal.
What you should be aware of
In the age of social media, we are all, in effect, publishers, which can put us at greater risk of contempt of court depending on how we use our accounts.
The government gives a list of examples of comments on social media pages, or in the comments sections of news articles, which could be in breach.
You could be in breach if you say if you think a person if guilty or innocent, refer to someone's previous convictions before a trial is over or name someone the judge has allowed to be anonymous.
Other breaches include naming victims, witnesses and offenders under 18; naming victims of sex crimes (unless they've waived their right to anonymity) or sharing any evidence or facts about a case that the judge says cannot be made public.
A good example of this is the case of actor Tina Malone, who received an eight-month suspended sentence after sharing a post on Facebook in February 2018 which purportedly included an image and the new name of James Bulger's killer, who was previously known as Jon Venables.
This was in breach of a court injunction protecting Venables's new identity. The case highlights how you can be in contempt not only for writing your own post, but also for sharing someone else's.