Tommy Robinson appeal latest updates: Judges retire to consider judgement on whether to free EDL founder from prison
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Judges are considering an attempt by English Defence League (EDL) founder Tommy Robinson to be freed from prison.
The far-right leader, who is appearing under his real name of Stephen Christopher Yaxley-Lennon, was jailed in May after he broke blanket reporting restrictions on an ongoing set of trials by discussing them in a Facebook Live video.
A judge at Leeds Crown Court said Robinson admitted contempt of court and jailed him for a total of 13 months.
But his barrister told the Court of Appeal Robinson should be freed from prison and have his sentence "quashed" after arguing that criminal procedure rules had been broken.
Jeremy Dein QC argued that a judge at Leeds Crown Court should have adjourned the case to give Robinson further time with lawyers, and to respond to each allegation in detail, rather than jailing him within hours of the video being broadcast.
He also argued that the 13-month sentence handed down was "manifestly excessive" and may have been lower if a barrister was able to properly mitigate on his behalf.
The Lord Chief Justice said he and two other judges would consider the submissions and hope to come to a judgement by the end of July.
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Robinson was previously spared jail after committing contempt in another case in Canterbury in 2017, on the condition he committed no further crimes.
Judge Geoffrey Marson QC activated that three-month term and added 10 months for the new offence, telling Robinson that he risked causing a trial to collapse.
Protesters gathered outside the Royal Courts of Justice in London ahead of the hearing on Wednesday, which was before the Lord Chief Justice of England and Wales, the Rt Hon Sir Ian Burnett, Mr Justice Turner and Mrs Justice McGowan DBE.
They may choose to reserve judgement to a later date after hearing evidence.
It comes a day after reports that lobbying by the far-right Breitbart news website caused the US ambassador for international religious freedom to raise Robinson's case with the British government.
US Senator Sam Brownback reportedly told British ambassador Sir Kim Darroch the UK should be more “sympathetic” to the former leader of the EDL and warned Sir Kim that the Trump administration might publicly criticise its handling of the case.
Robinson has been forming links with the American alt-right, who characterise him as a “citizen journalist” and see imprisonment as a violation of freedom of speech.
Steve Bannon, the former Breitbart chairman who served as the White House chief strategist, has given his personal support to Robinson and former Breitbart London editor Raheem Kassam has coordinated two “Free Tommy” rallies.
The Tommy Robinson protest: in pictures
Show all 27A neoconservative US think-tank said it was funding both Robinson's legal costs and two protests in London on 9 June and 14 July.
The June protest saw Robinson supporters perform Nazi salutes and attack police, while Saturday's event - which merged with a pro-Trump march - saw demonstrators blockade a bus driven by a Muslim woman and several arrests.
MPs and campaigners warned that far-right extremists were rallying around his imprisonment to develop a new “racist street movement” with international support.
It comes as statistics show more extreme right-wing terrorists are being arrested and jailed than ever before, with the head of MI5 warning that their brand of extremism was “rearing its ugly head” once more.
Prosecutors and police said Robinson’s posts radicalised Darren Osborne, the terrorist who ploughed a van into a group of Muslim worshippers in Finsbury Park last year.
A transcript of the court hearing in Leeds shows Judge Geoffrey Marson QC telling Robinson he had made an order prohibiting any reporting on anything relating to the ongoing trials.
Mr Mably said the judge may have been using "shorthand" and went into more precision later.
The hearing has resumed with Mr Dein rebutting some of the points put forward by the independent barrister appointed by the Attorney General.
He said it would be a "backwards step" for the court to uphold Robinson's punishment after remarks previously made on the importance of the criminal procedural rules by Lord Justice Leveson who said the failure of process can invalidate a judge's conclusion.
Mr Dein says that the decision to hold summary proceedings for Robinson in Leeds, rather than adjourning the case, put pressure on the defendant and his counsel and that there was insufficient opportunity to reflect and take advice.
He argues Robinson was deprived of "full and comprehensive mitigation" that could have resulted in him being given a lower sentence. Mr Dein says all the factors caused a "misled ruling" making Robinson a criminal rather than civil prisoner.
The three judges have risen to consider the evidence. It is unclear whether they will make a ruling today or reserve their judgement to a later date.
The Lord Chief Justice says they "need some time" to consider their judgement and will try "our level best to complete it before the end of July".
"We will reserve our judgement," he says, expressing his thanks to lawyers for their submissions.
"This is obviously a case that attracts a certain amount of public interest reflected by the number of people in court."
Robinson appears to be laughing to himself and shakes his head as the judges leave the courtroom.
So that's all for today - the judges have retired to consider their judgement and will try to give it by the end of this month.
The Independent will continue reporting the case as it continues, and bring you the latest updates on our website and social media channels.
Many thanks for reading.
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