Lord Justice Scott Baker: 1. These two appellants appeal with the leave of the full court against their convictions for a number of offences relating to racially inflammatory material under the Public Order Act 1986 (“The 1986 Act”) The Registrar referred their sentence applications to this court. 2. The history of the proceedings is, in brief, as follows. On 11 July 2008 in the Crown Court at Leeds before Judge Grant and a jury Whittle was convicted of four counts of publishing racially inflammatory material (counts 4, 5, 7 and 8). Sheppard was convicted of 9 counts of publishing racially inflammatory material (counts 4, 5, 7, 8, 9, 12, 13, 14 and 15). 3. They then left the jurisdiction and went to the United States of America where they claimed asylum. The trial continued in their absence. On 14 July 2005 Whittle was convicted by a majority of 10 to 1 of one further count of the same offence – count 6 – and Sheppard by a majority of 10 to 1 of two further counts of the same offence – counts 6 and 10. 4. There were 7 counts in relation to Sheppard on which the jury was unable to agree. These were: Counts 1, 2, 17 and 18 – possessing racially inflammatory material. Counts 3 and 11 – publishing racially inflammatory material. Count 16 – distributing racially inflammatory material. 5. There was a retrial in Sheppard’s absence and he was convicted of counts 1, 3, 16, 17 and 18. On 8 January 2009 he was found not guilty on the judge’s direction of count 2 and the prosecution did not proceed with count 11. 6. The claim for asylum in the USA was refused and the two appellants were returned to the jurisdiction. On 10 July 2009 Sheppard was sentenced to a total of 4 years and 10 months imprisonment and Whittle to a total of 2 years and 4 months imprisonment. Included in those sentences were 4 months consecutive sentences for bail offences. The Bail Act sentences are not the subject of the present appeals. The judge also made forfeiture orders under section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 in respect of which Sheppard seeks an extension of time and leave to appeal. 7. The broad nature of the prosecution case was that Whittle composed material which he submitted by e-mail to Sheppard. Sheppard edited the material on his computer and then uploaded it to a website called heretical.com which was set up by him and was hosted by a remote server located in Torrance, California. When posted on the website the material was available for access via the internet by visitors to the website, including people within the jurisdiction of England and Wales. 8. Count 1 related to the possession by Sheppard on 30 May 2005 of a pamphlet called Tales of the Holohoax which was found on a search of his home in East Yorkshire. It was a publication in the form of a comic book, the central theme of which was to cast doubt on the existence of the Holocaust. The publication also suggested that the