Tag Archive for: RIPA

That distinction matters.

Rule-of-law scrutiny is legitimate. Courts, prosecutors and police should operate independently and according to legal rules, and public confidence depends upon differences in treatment being capable of principled explanation.

But procedural scrutiny is strongest when it starts with evidence rather than suspicion.

A case moving quickly does not, by itself, demonstrate political interference.

Nor should a defendant’s public profile prevent reasonable scrutiny of transparency, proportionality and consistency within the justice system.

The more useful question is therefore:

What information would we actually need before concluding that this defendant has been treated differently from comparable defendants?

What has actually happened so far?

Hampshire and Isle of Wight Constabulary announced on 24 September 2026 that Daniel Thomas, aged 37, had been charged with one count of criminal damage arising from an incident in the English Channel.

Police also said he had been charged with a further offence under section 53 of the Regulation of Investigatory Powers Act 2000, concerning an alleged failure to comply with a notice requiring disclosure of a phone PIN.

He appeared before Basingstoke Magistrates’ Court on 25 September 2026 and pleaded not guilty to both charges.

He sought Crown Court trial. Bail was refused and, at the time this article was checked, his next reported hearing was listed at Portsmouth Crown Court for 29 September 2026.

Media reports quoted Deputy Senior District Judge Tan Ikram as referring to a “real possibility of an immediate custodial sentence”.

That is the publicly reported procedural position.

Everything beyond it requires considerably more care.

Arrested, charged and in court almost immediately: is that unusual?

Perhaps less unusual than it first appears.

A person who has been charged and then kept in police detention is not supposed to wait weeks for a first appearance.

Section 46 of the Police and Criminal Evidence Act 1984 requires a detained defendant to be brought before a magistrates’ court as soon as practicable and, ordinarily, no later than the first sitting after charge.

The reason is important.

The state has deprived somebody of their liberty. Judicial oversight of that detention should therefore occur quickly.

Comparing the interval between Thomas being charged and his first appearance with the months another defendant may wait for a trial therefore risks comparing two completely different stages of the criminal process.

That does not answer every question about the case.

It does, however, provide an ordinary procedural explanation for one feature that can initially appear extraordinary.

A fast first hearing is not the same thing as a fast criminal case

This is probably the most important distinction.

England and Wales does have a profound criminal-court delay problem.

Ministry of Justice statistics published on 24 September 2026 recorded 80,829 open Crown Court cases at the end of June — a new series peak.

Of those, 23,706 cases had been open for a year or more.

The median age of an open Crown Court case had reached 203 days.

For defendants whose cases concluded following a jury trial after a not-guilty plea, the reported median waiting time was 49.7 weeks.

For defendants entering a not-guilty plea who were remanded in custody, the reported median waiting time was 28 weeks, compared with 68.6 weeks for those who remained on bail throughout.

Those figures are serious.

But they concern the progression of cases through the Crown Court.

Thomas has not, as at the date of publication, had a Crown Court trial within days of arrest.

He has had an initial magistrates’ court appearance following detention and a further Crown Court hearing has been listed.

Those are fundamentally different comparisons.

What does the refusal of bail tell us?

Bail decisions are governed principally by the Bail Act 1976.

Being charged with an offence does not itself mean that a defendant should automatically remain in custody.

Schedule 1 to the Bail Act identifies circumstances in which bail may be refused. These can include substantial grounds for believing that, if released, a defendant would fail to surrender, commit an offence while on bail, interfere with witnesses or otherwise obstruct the course of justice.

Other statutory considerations may apply depending upon the circumstances.

Media coverage of Thomas’s hearing records the judge’s reference to a “real possibility of an immediate custodial sentence”.

But a short quotation from a hearing is not the same thing as having the complete bail submissions, information before the judge and full reasons for the decision.

This is where online legal commentary can go wrong: one sentence is extracted from a hearing and an entire decision is reconstructed around it.

A proper assessment would require the complete basis upon which bail was sought, opposed and determined.

Does the fact that a senior district judge heard the case prove anything?

Not by itself.

Tan Ikram has held the role of Deputy Senior District Judge (Chief Magistrate) since 2017 and is a senior member of the magistrates’ court judiciary.

His involvement in the hearing can properly be reported.

What cannot responsibly follow from that fact alone is an assumption about why he heard this particular case.

The public sources reviewed for this article establish who heard the case. They do not establish whether Judge Ikram was already scheduled to sit at Basingstoke, whether the matter was allocated to him for an operational reason or whether any special listing decision was made.

In the absence of evidence, the gap should not be filled with speculation.

The correct answer is simply:

We do not presently know from the public material.

That is not evasive.

It is what evidential discipline looks like.

What is the phone-PIN charge?

The second charge is legally distinct from the allegation of criminal damage.

Section 53 of the Regulation of Investigatory Powers Act 2000 creates an offence where a person to whom a section 49 notice has been given knowingly fails to make the disclosure required by that notice.

In a case not involving national security, conviction on indictment can carry a maximum term of two years’ imprisonment. A higher maximum applies in specified national-security cases.

That does not mean that simply refusing to unlock a phone automatically amounts to the offence.

The prosecution must establish the legal ingredients of the offence, including the relevant notice and alleged non-compliance. Section 53 also contains provisions dealing with proof and a statutory defence where compliance was not reasonably practicable but disclosure was made as soon as reasonably practicable afterwards.

Thomas has pleaded not guilty.

Nothing in this article should be read as determining any disputed factual or legal issue in those proceedings.

The criminal-damage allegation has its own unresolved procedural questions

Criminal damage can follow different procedural routes depending upon matters including the value of the alleged damage and the precise offence before the court.

The Sentencing Council’s current guideline records that ordinary criminal damage exceeding £5,000 is triable either way and carries a maximum sentence of ten years’ custody on indictment.

Press reports from Thomas’s magistrates’ court hearing said that the value of the alleged damage was not then known.

Issues including jurisdiction and lawful excuse have also been publicly reported as matters raised on behalf of the defence.

Those are matters for the criminal court to determine on evidence and legal submissions.

They should not be resolved through social-media speculation.

So is the justice system treating this case exceptionally quickly?

The publicly available material presently provides an ordinary procedural explanation for some of the apparent speed.

In particular, a defendant who has been charged and kept in police custody must be brought promptly before a magistrates’ court.

A person remanded in custody will also generate additional case-management considerations because their liberty is at stake and custody time limits apply.

None of that establishes that every administrative or listing decision in this case was routine.

Equally, speed alone does not establish that a case has been politically directed or preferentially treated.

To examine differential treatment properly, meaningful comparators would be needed.

Without those comparators, there is a risk of mistaking an unusual amount of public attention for unusual court procedure.

The Crown Court backlog still matters

None of this minimises the wider criminal-justice problem.

The Crown Court open caseload reached a series high of 80,829 cases at the end of June 2026.

More than 23,000 had already been open for a year or longer.

Those delays affect defendants, complainants, witnesses and families.

It is therefore legitimate to scrutinise how cases are prioritised and why some progress more quickly than others.

That issue is sufficiently important that a new National Listing Framework for the criminal courts comes into force on 1 October 2026.

The Judiciary says the framework is intended to make criminal listing more consistent, transparent and principled while preserving the flexibility required by individual cases.

It also emphasises that priority should reflect matters including the human impact of delay and fairness of proceedings.

Consistency therefore does not necessarily mean that every case moves at the same speed.

Different cases may have legitimate reasons for different procedural timetables.

The important question is whether those differences are based upon applicable legal and case-management principles.

A defendant’s politics do not alter the criminal standard of proof

The public profile surrounding this case has generated substantial commentary.

But the applicable criminal-law principles do not change according to whether members of the public agree or disagree with a defendant’s campaigning or political views.

The prosecution bears the burden of proving the offences charged according to law.

The defence is entitled to challenge the prosecution evidence and advance any properly available defence.

The court must determine the proceedings independently.

That is especially important to remember when a criminal case becomes part of a wider political or social-media argument.

There is also a contempt-of-court problem here

These criminal proceedings are active.

Public discussion therefore has legal limits.

Under the Contempt of Court Act 1981, publication of information creating a substantial risk that active proceedings will be seriously prejudiced or impeded can amount to contempt of court.

Government guidance warns members of the public to take care when commenting online about active cases. In particular, people should not publicly pronounce upon whether a defendant is guilty or innocent or circulate prejudicial material that risks compromising a fair trial.

Social media does not sit outside those rules.

The safest and most useful public analysis at this stage is therefore procedural:

• What has the court actually decided?
• What remains an allegation?
• What statutory procedure applies?
• What information is missing?
• What can properly be compared with other cases?
• What must remain for the trial court to determine?

This is not just a criminal-justice lesson

There is a wider lesson here for anybody involved in litigation.

Court users frequently encounter something which appears unfair.

Another case receives a hearing first. A different judge deals with an application. One party receives an urgent order. An allegation appears repeatedly in a professional report. One piece of evidence appears to receive attention while another seems to disappear.

The natural reaction can be to infer motive.

Sometimes there may genuinely be a procedural problem.

But before alleging bias, favouritism, improper influence or procedural unfairness, the forensic question should be:

What does the documentary record actually establish?

That means finding the order.

Finding the application.

Identifying what material was before the judge.

Separating allegations from findings.

Comparing like with like.

Recording the chronology.

Identifying what is missing.

And only then asking what conclusion the evidence can properly support.

How JSH Law can help when the procedural history no longer makes sense

JSH Law does not provide criminal defence representation and does not advise on criminal charges, criminal bail or Crown Court trial strategy.

JSH Law does provide non-reserved litigation support to people representing themselves in family proceedings in England and Wales.

In a long-running Family Court case, the difficulty is often not simply understanding the law. It is reconstructing what has actually happened.

Depending upon the case, JSH Law can assist with:

• reviewing the latest court orders and procedural history;
• building a master case chronology;
• identifying what has been alleged, admitted or judicially determined;
• organising large evidence sets;
• identifying missing documents or evidential gaps;
• reviewing Cafcass and Section 7 material;
• preparing position statements, chronologies and schedules;
• helping prepare for the next Family Court hearing; and
• McKenzie Friend and hearing support where appropriate and agreed.

Defined pieces of preparation work can often be scoped in advance. The purpose is to identify the immediate problem and organise the material needed to deal with it, rather than automatically reviewing an entire case history.

The better rule-of-law question

It is easy to look at a controversial defendant, rapid movement from arrest to court, a senior judge and a remand decision and construct an explanation from those facts alone.

It is equally unhelpful to dismiss legitimate questions about court procedure simply because a case has become politically contentious.

A functioning justice system should tolerate scrutiny.

But scrutiny should itself be rigorous.

A defendant’s political views or public profile do not alter the legal tests that apply.

The relevant question is whether ordinary criminal procedure is being applied independently and consistently, and whether any material difference in treatment has a legitimate procedural explanation.

At this stage, some of the supposedly exceptional speed has an ordinary legal explanation.

Other questions cannot responsibly be answered from the public material presently available.

That is precisely why the rule of law depends upon evidence rather than assumption.

Official sources and further reading

• Hampshire and Isle of Wight Constabulary — Man charged with criminal damage following incident in the English Channel
• Police and Criminal Evidence Act 1984, section 46 — detention after charge
• Bail Act 1976, Schedule 1
• Regulation of Investigatory Powers Act 2000, section 53
• Sentencing Council — Criminal damage exceeding £5,000
• Ministry of Justice — Criminal Court Statistics Quarterly, April to June 2026
• Courts and Tribunals Judiciary — National Listing Framework: A New Approach to Criminal Listing
• GOV.UK — Contempt of Court and commenting on active proceedings

Factual and procedural information checked: 27 September 2026. This article should be reviewed after the Portsmouth Crown Court hearing reported as listed for 29 September 2026, because the procedural position may change.