Tommy Robinson wins appeal - as it happened: Far-right leader walks free from prison on bail but could be jailed again
Court of Appeal quashes contempt of court finding from Leeds but orders Robinson to attend new hearing
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Tommy Robinson has been released from prison after a court's finding that he committed contempt in Leeds was quashed.
But the Court of Appeal ordered the far-right leader to attend a new hearing on the case that could see him jailed for a second time.
Robinson's lawyers had argued he should be freed because of “procedural deficiencies” in two court cases.
The Lord Chief Justice and two other judges dismissed their appeal against the first finding in Canterbury, which saw Robinson handed a suspended three-month prison sentence last year.
But they ruled that a judge who jailed Robinson for 13 months at Leeds Crown Court in May "gave rise to unfairness" by proceeding too quickly and failing to properly follow rules.
Supporters of Robinson inside the Court of Appeal as the Rt Hon Sir Ian Burnett, Mr Justice Turner and Mrs Justice McGowan DBE handed down their judgment.
They were silenced by the Lord Chief Justice as Free Tommy protesters and anti-fascist demonstrators were kept apart by police outside.
Robinson later walked free from HMP Onley, flanked by men carrying his luggage before being driven away.
Robinson, whose real name is Stephen Yaxley-Lennon, was released from HMP Onley later on Wednesday.
High-profile backers including the Ukip leader Gerard Batten, Dutch opposition leader Geert Wilders and the former Breitbart London editor Raheem Kassam hailed the verdict as a victory for “freedom of speech”.
Judges dismissed calls to quash findings that he committed contempt at Canterbury Crown Court in May 2017, saying criticism by Robinson’s legal team “had no substance”.
But Lord Burnett, Mr Justice Turner and Mrs Justice McGowan found that procedural failings by a judge who later jailed Robinson for 13 months at Leeds Crown Court “gave rise to unfairness”.
Robinson was arrested on 25 May after broadcasting a Facebook Live video that broke a blanket reporting restriction on an ongoing set of trials, and jailed hours later.
Judges found that while Geoffrey Marson QC was right to bring Robinson before him to have the video deleted and protect jury deliberations, the case was dealt with too fast and did not follow criminal procedure rules.
“There was no clarity about what parts of the video were relied upon as amounting to contempt, what parts the appellant accepted through his counsel amounted to contempt and for what conduct he was sentenced,” the judgment said.
“Whilst the judge was entitled to deal with the contempt himself, the urgency went out of the matter when the appellant agreed to take down the video from Facebook. There should have been an adjournment to enable the particulars of contempt to be properly formulated and for a hearing at a more measured pace, as had happened in Canterbury.”
The Tommy Robinson protest: in pictures
Show all 27They ordered the matter to be heard again at the Old Bailey “as soon as reasonably possible”, and bailed Robinson on the condition he attends the new hearing and does not go within 400m of Leeds Crown Court.
Robinson’s barrister, Jeremy Dein QC, had argued that a “conglomeration of procedural deficiencies” had given rise to prejudice against his client and caused him to be handed a “manifestly excessive” prison sentence.
He argued that proceedings at Leeds Crown Court were “unnecessarily and unjustly rushed”, causing Robinson’s representative to miss potential mitigating factors that could have lowered his sentence.
“He did not intend to breach any [reporting restriction] order, albeit that he was aware that there was an order,” Mr Dein told the court, claiming that Robinson was “operating as a journalist” and attempted to be legally vigilant.
Court records show that through his lawyer, Robinson expressed deep regret for the “breach of integrity of the court system”, but was not asked to respond to the particulars of the allegations himself.
The failings also meant Robinson was recorded as a criminal, rather than civil, prisoner and deprived of visits, free communications and other freedoms he should have been allowed.
The appeal was launched outside the 28-day time limit for challenging convictions, but was allowed after judges heard that legal meetings were delayed by Robinson being held in “effective solitary confinement” for his own safety.
Good morning and welcome to our live coverage from the Court of Appeal, as judges hand down their findings on whether Tommy Robinson should be freed from prison.
The far-right leader, who is appearing under his real name Stephen Christopher Yaxley-Lennon, was jailed for 13 months for committing contempt of court in May. His lawyers argued that the sentence was "excessive" and claimed procedural failings had caused prejudice against Robinson.
The Lord Chief Justice has taken little over a minute to deliver the ruling, and ordered Tommy Robinson to be freed from custody with immediate effect on the condition he attends a new hearing over alleged contempt in Leeds.
The Court of Appeal refused to overrule the finding of contempt in Canterbury, finding that the appeal was out of time and proceedings in that court were "fair"
It is possible that Robinson will be jailed again following the fresh hearing regarding his actions in Leeds on 25 May.
A statement from Robinson's legal team is expected outside court shortly.
So to recap, the appeal was only partly allowed, and he is being released - possibly temporarily - under the condition he attends a new hearing over alleged contempt of court in Leeds.
The finding of contempt from Canterbury stands
Protesters and counter-protesters are gathered outside the Royal Courts of Justice. At the moment the 'Free Tommy' crowd are being out-shouted by anti-fascism demonstrators, who have a megaphone.
They're shouting "Nazi scum, off our streets"
Police are keeping pro and anti-Tommy Robinson protesters a few metres apart outside the Royal Courts of Justice. So far quite calm
Supporters of Tommy Robinson are celebrating. David Scott, who was waiting outside the court said: "Brilliant result. I think it's the best we can hope for at the moment. Hopefully it will start a backlash against what's gone wrong with this country."
Another supporter Vince Cawthron, 70, made a four-and-a-half hour coach trip from his home near Cwmbran.
He said he thought Robinson had been unfairly treated. "I am quietly pleased. He could be back with his family in hours," he added
The Lord Chief Justice concluded:
The judgment of the Court is to dismiss the appeal in respect of the committal for contempt at Canterbury Crown Court and to allow the appeal in respect of the committal for contempt at Leeds Crown Court. The appellant is granted bail and the matter of contempt at Leeds Crown Court is remitted to be heard again.
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