Tommy Robinson could be prosecuted again for contempt of court next week after a senior judge vowed to consider the case.
Judge Nicholas Hilliard, the Recorder of London, previously adjourned the case in a hearing at the end of last month.
He said he would receive written submissions before making a ruling on a later date.
English Defence League founder Robinson could face being sent back to jail if the judge finds him in contempt – the maximum sentence for which is two years imprisonment.
The case against the far-right activist returned to the Old Bailey for a 30-second hearing today – without the defendant or his crowd of supporters.
Judge Hilliard, the recorder of London, said at the hearing: “This is just to indicate that I’m not referring the matter of possible contempt of court by Mr Yaxley-Lennon to the attorney general for him to consider whether or not to institute proceedings. I will hear the matter myself on October 23 as ordered by the court of appeal.”
Robinson is released on bail with the only condition that he keeps a distance of at least 400 metres from Leeds crown court, where his original hearing took place.
The 35-year-old was released from prison in August after three appeal court judges quashed the “flawed” contempt of court finding made in Leeds.
Robinson believes that he could be sent back to prison if he is again found in contempt for filming outside Leeds crown court on 25 May, when he filmed defendants in a live video on Facebook while making what appeal court judges described as “generically derogative remarks on [their] ethnic and religious backgrounds”.
Some of Robinson’s closest supporters are trying to encourage large crowds to protest outside the Old Bailey on 23 October. So far more than 1,500 people have indicated on Facebook that they are “interested” in attending the planned demonstration.
Following the brief hearing on 27 September, a video appearing to show Robinson at a window in the court building was posted on the Twitter account of Ezra Levant, founder of the rightwing The Rebel Media organisation. In the footage, Robinson says “that’s such a good feeling” before promising to go and greet the crowd of hundreds of supporters cheering and chanting outside.
The video is believed to have been made in the canteen on the second floor of the Old Bailey. By the afternoon, it had been viewed more than 160,000 times. Section 41 of the Criminal Justice Act 1925 makes it an offence to photograph people within court precincts. City of London police have confirmed that they are looking into whether any offences were committed at the September court appearance.
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