03/02/2020 Chambers v Director of Public Prosecutions [2012] EWHC 2157 (Admin) (27 July 2012) 12. On 6 January 2010, following an alert on "Twitter", the appellant became aware of problems at Doncaster, Robin Hood Airport, due to adverse weather conditions. He and Crazycolours had a dialogue on "Twitter". Two messages were referred to in the Crown Court. They were: "@ Crazycolours: I was thinking that if it does then I had decided to resort to terrorism": "@ Crazycolours: That's the plan! I am sure the pilots will be expecting me to demand a more exotic location than NI". In context, this seems to have been a reference to the possibility of the airport closing, but the picture was incomplete because no reply from Crazycolours was produced. Some two hours later, when he heard that the airport had closed, he posted the following message: "Crap! Robin Hood Airport is closed. You've got a week and a bit to get your shit together otherwise I am blowing the airport sky high!!" The message was posted onto the public time line, which meant that it was available to be read by some 600, or so, of the followers of his "Twitter" postings. 13. There was no evidence before the Crown Court to suggest that any of the followers of the appellant's "tweet", or indeed anyone else who may have seen the "tweet" posted on the appellant's time line, found it to be of a menacing character or, at a time when the threat of terrorism is real, even minimally alarming. In fact nothing was done about it by anyone until 11 January 2010, some five days later when the duty manager responsible for security at Robin Hood Airport, while off duty at home, found it. Mr Duffield did not see this "tweet" on the appellant's time line, and it was never sent to him or to the airport. Rather he was at home searching generally for any "tweets" which referred to Robin Hood Airport. In cross examination he said that he did not know whether the "tweet" was a joke or not, but as even a joke could cause major disruption it had to be investigated. Accordingly he referred the "tweet" to his manager, Mr Armson. Mr Armson was responsible for deciding whether any perceived threat to the airport should be graded as "credible" or "non-credible". If "credible", it was to be referred immediately to the Ministry of Defence, but if "non-credible", as a matter of standard practice it was to be reported to the airport police. Mr Armson examined the appellant's "tweet". He regarded it as "noncredible", not least because it featured the appellant's name and, as he noted, the appellant was due to fly from the airport in the near future. Nevertheless in accordance with airport procedure he passed this "tweet" to the airport police. The airport police themselves took no action, presumably for exactly the same reason, but they decided to refer the matter on to the South Yorkshire police. 14. The South Yorkshire police arrested the appellant, while he was at work, two days later, on 13 January on suspicion of involvement in a bomb hoax. It was now seven days since the offending message was "tweeted". The appellant was interviewed under caution. When interviewed, and indeed in his evidence, the appellant repeatedly asserted that this "tweet" was a joke or meant to be a joke and not intended to be menacing. He said that he did not see any risk at all that it would be regarded as menacing, and that if he had, he would not have posted it. In interview he was asked whether some people might get a bit jumpy and responded "yah. Hmm mmm". 15. On 10 February 2010, when the police investigation was completed, one of the investigating officers recorded the following observation on the South Yorkshire Police Crime Management System: "Male detained re making threats to Doncaster Robin Hood Airport. The male in question has been bailed and his phone/computer has been seized – there is no evidence at this stage to suggest that there is anything other than a foolish comment posted on "Twitter" as a joke for only his close friends to see." 16. The police sought the advice of the Crown Prosecution Service. As a result the appellant was charged with the offence of which he now stands convicted. 17. On the basis of these facts the Crown Court was "satisfied" that the message in question was "menacing per se". The court took the view "that an ordinary person seeing the "tweet" would see it in that way and be alarmed. The airport staff did see it and were sufficiently concerned to report it". www.bailii.org/ew/cases/EWHC/QB/2012/2157.html 4/10