Legal News

Can something you type in anger really land you in prison? The short answer is: yes. And Lucy Connolly has now learned that the hard way—twice.

Connolly - the wife of a Conservative councillor - was jailed for 31 months after posting a racially aggravated and abusive tweet. Her comment followed a powerful TV interview with the grieving mother of a teenage stabbing victim. Though Connolly claimed she was emotionally distressed at the time and deleted the tweet shortly after, the court ruled her actions were criminal under the Public Order Act 1986, specifically inciting racial hatred online.

This month, the Court of Appeal rejected her appeal, finding that the post was “grossly offensive” and likely to stir up racial hatred. The judges made clear that the distress she claimed was not enough to outweigh the seriousness of the offence.

Why Was the Sentence So Severe?

Inciting racial hatred is one of the most serious offences under hate crime legislation, carrying a maximum sentence of seven years. Sentencing depends not only on what was said, but how and where it was said, and who was targeted.

The court considered:

• The likely impact of the message and whether it was capable of encouraging others to hate,
• The public nature of the post — shared on a widely used platform,
• The vulnerability of the target, and
• The absence of credible mitigation, despite Connolly’s expression of regret.

The outcome makes one thing clear: the courts take online abuse extremely seriously, particularly when it involves race, religion, or other protected characteristics.

What Does This Mean for the Public?

This case is a wake-up call for anyone who thinks of social media as a private or consequence-free zone. The law applies online just as it does in person. A single moment of poor judgment can lead to:

• Criminal charges,
• A custodial sentence,
• And serious, lasting reputational harm.

Even if you’re upset or acting out of emotional distress, courts are unlikely to overlook the potential impact of what you’ve posted — especially if it crosses the line into hate speech.

What if You’re Accused?

If you’re being investigated for something you’ve posted online, don’t panic — but do seek legal advice immediately. The law in this area is complex, and there may be defences available depending on the specific circumstances.

Key points a criminal defence solicitor will explore include:

• Intent: Did you mean to stir up hatred? Was it a spontaneous comment or carefully worded?
• Context: Were you provoked, distressed, or suffering from mental health issues at the time?
• Post-removal: Did you remove the post voluntarily and promptly?
• Character and history: A clean record and genuine remorse can make a difference in sentencing.

Just as importantly — don’t plead guilty without understanding what that means. A guilty plea often involves admitting intent, which can significantly limit your defence options.

The Takeaway

The internet is not beyond the reach of the law. If a post is likely to incite hatred or cause real-world harm, it may be prosecuted — and punished severely.

At Duncan Lewis Solicitors, we regularly advise clients accused of online offences, including those involving hate speech, harassment, and malicious communications. If you’re facing allegations or an investigation, we can help you understand your rights and guide you through the legal process from the start.

Contact us today to speak to a criminal defence specialist.

About the author:

Sunjay Versani is a Solicitor, High Court Advocate and Director of the City of London and Harrow crime team at Duncan Lewis Solicitors. For advice in any criminal litigation matter, contact Sunjay via email at sunjayv@duncanlewis.com or via telephone on 020 7923 4020. 

Duncan Lewis Solicitor’s criminal defence department is renowned for its well-prepared, high-quality work and the ability to assemble first-rate evidence and documentation. The team has a significant practice defending clients in serious and complex criminal cases, particularly gang related serious crime, murder, and drugs importations. Their defence expertise extends to motoring law offences; business and HMRC fraud; cases of sexual abuse, including rape; violent crime; and terrorism.