Anti-migration activist Daniel Thomas, known as Danny Tommo, is due before magistrates today following an alleged incident involving a boat in the English Channel.
Thomas, 37, of no fixed abode, was remanded in custody overnight and is due to appear at Basingstoke Magistrates’ Court by video link on Friday, September 25.
Hampshire and Isle of Wight Constabulary has confirmed that Thomas has been charged with one count of criminal damage.
He is also charged under Section 53 of the Regulation of Investigatory Powers Act 2000 for allegedly failing to comply with a notice requiring him to disclose the PIN to his mobile phone.
The charges follow an allegation that a boat was damaged in the English Channel on Tuesday, September 22, while an emergency responder was on board.
Thomas had initially been arrested on suspicion of a series of more serious offences.
Those included destroying ships or fixed platforms or endangering their safety under Section 11 of the Aviation and Maritime Security Act 1990, criminal damage, criminal damage with intent to endanger life and conduct endangering ships, structures or individuals under Section 58 of the Merchant Shipping Act 1995.
However, those were the grounds on which he was arrested and should not be confused with the charges subsequently authorised by prosecutors.
The Crown Prosecution Service has charged Thomas only with criminal damage and the separate RIPA offence at this stage.
Chris Derrick, Deputy Chief Crown Prosecutor for CPS Wessex, said prosecutors had determined there was sufficient evidence to bring the case before a court and that prosecution was in the public interest.
He also stressed that Thomas has the right to a fair trial and that the charges do not amount to a finding of guilt.
Thomas’s arrest prompted a demonstration outside a police investigation centre in Basingstoke on Thursday evening.
Around 200 people were reported to have gathered, with protesters chanting “free DT” before the demonstration later dispersed.
A number of claims about Thomas’s legal position have subsequently circulated on social media, including suggestions that his previous bail has automatically been revoked and claims concerning whether the Channel incident took place in French territorial waters.
Neither point has been established by the official information released in relation to the current case.
Being charged with an offence while already on bail can be relevant when a court considers whether further bail should be granted, but it does not automatically determine the outcome.
The decision on whether Thomas remains in custody or is granted bail will be for the court.
Similarly, no official information released so far establishes that the alleged damage occurred in French territorial waters.
Thomas is expected to appear before Basingstoke Magistrates’ Court by video link today.
