No, teenager was not jailed just for 'waving English flag'

What's being claimed?

A picture of a man is being shared with the claim that it shows a teenager named James Martin, who was arrested and jailed for two years for "waving the England flag" in Scarborough, England. 

A Facebook user shared the image (archived here) of the mugshot with the caption, "Two years in prison for waving an English flag in England outside a mosque. 18 year old James Martin is yet another political prisoner, he received a staggering 2 years 2 months for this so-called offence. Could someone please make this make sense what was the crime? Being Patriotic?? Two Teir??" 

The post shared a screenshot of an article from radio station YorkMix, which has now been updated (an archive is here). The text on the screenshot stated, "Teenager who waved England flag near North Yorkshire Islamic center jailed." Archives of similar posts referring to the original headline are here and here.

Screenshots of some of the social media posts. (Source: Facebook/Modified by Logically Facts)

There were riots in different parts of the U.K. following the killings of three young girls at a Taylor Swift-themed dance class on July 28, 2024, in part fueled by misinformation over the attacker's identity. A then 17-year-old boy was arrested and charged with three counts of murder and ten counts of attempted murder.

However, the claim in these posts is misleading. While the man in the image is indeed 18-year-old James Martin, he pled guilty to charges of religious and racially aggravated harassment and having an article with intent to damage property, among others.

Here are the facts

Our research showed that the YorkMix article was published on August 22, 2024, with the headline in the screenshot. It was updated with a new headline that states: "Jailed: Teenager with firelighters who waved England flag near North Yorkshire Islamic center." 

The updated article reads that the teenager, identified as 18-year-old James Martin, was among a group of four who staged protests outside an Islamic center at Roscoe Street in Scarborough while prayers were going on inside. He was initially arrested to prevent a breach of the peace. The York Press also reports the same. 

The BBC also published an image of the teenager, reporting that he and three others protested at Scarborough on August 8, 2024. It states Martin was shouting and swearing while people inside the center were at prayer. Martin was charged with racially or religiously aggravated harassment, having an article with intent to destroy or damage property, and obstructing or resisting a constable in the execution of their duty. He pleaded guilty to all charges. 

A report by North Yorkshire Police also states police found firelighters in Martin's pocket and charged him with intent to damage property. York Crown Court heard his case on August 22, and Martin was sentenced to 26 months in jail. The report also noted that he was "waving an England flag during the incident." The same update was also issued by the police on Facebook (archived here).

What is the two-tier policing narrative?

The two-tier policing narrative centers around claims police are handling minority groups more leniently than far-right protesters staging anti-immigration protests. Logically Facts has debunked claims around this, which can be read here and here.

The verdict

James Martin was not jailed merely for waving the English flag during a protest. He pled guilty to charges of racially or religiously aggravated harassment, having an article with intent to destroy or damage property, and obstructing or resisting a constable in the execution of their duty.