Rapper Kneecap will not face terrorism trial after Supreme Court rejects CPS appeal | Patella

Kneecap rapper Liam Óg Ó hAnnaidh will not face terrorism charges over displaying a Hezbollah flag during a concert after the High Court in London upheld a decision to throw out the case.

O Haneda, 28, who performs under the name Mo Chara, was charged with an offense for allegedly displaying the banned group’s flag during a show at the O2 Forum in Kentish Town, north London, in November 2024.

Last September, Chief Justice Paul Goldspring dismissed the case due to an error in bringing the case against Ohnaide. He said in this ruling: “I find that these proceedings were not properly brought, and lack the necessary prosecutorial procedures.” [director of public prosecutions] And A.G [attorney general] Approval within the legal period of six months stipulated in Article 127.”

On Wednesday, two High Court judges, Lord Justice Edis and Mr Justice Linden, upheld Goldspring’s decision to rule the charge unlawful. Ohanaideh’s defense team, led by Brenda Campbell KC, said the prosecutor, Richard Hermer, did not grant permission to bring the case when police informed Ohanaideh that he would face terrorism charges last May. The judges rejected the Director of Public Prosecutions’ appeal.

“We consider that the first written charge was issued on 21 May 2025 and that was when the proceedings commenced for the purposes of civility,” the ruling, written by Eades, said. [Terrorism Act 2000]. This was invalid due to the provisions of Article 117 (2) and (2A) of civility.

“It follows that no written charge was issued within 6 months of 21 September 2025 and the judge was right to hold that he had no jurisdiction to try any summary offense merely alleged to have been committed on that date.”

Eades added: “It is worrying that the charge, which both the DPP and the DPP considered met both parts of the full law test for prosecutors, will now never be fixed.

“They decided that there was a realistic prospect of conviction and that the prosecution was in the public interest. We have not investigated the reasons for this failure and do not seek to assign blame. This is not because these circumstances do not merit consideration, but because they are irrelevant to our decision.

“The defendant has not been prosecuted for his alleged conduct and will not be prosecuted. He has neither been convicted nor acquitted.”

Kneecap are known for their provocative lyrics and merchandise, as well as their advocacy of the Irish language and pro-Palestine stance, and criticism of the UK government’s Gaza policy in their lyrics.

They posted on the group’s Instagram page: “Get in!!!!!! Kneecap: 3 British government: 0. The biggest terrorists in the world are the leaders of the British state. Liberate Palestine. Liberate the six provinces.”

Following the decision, a DPP spokesman said: “The High Court has clarified how the law applies to the issuance of written charges for summary offenses where the Attorney-General’s permission was required for the Director of Public Prosecutions to approve the prosecution.

“We accept the ruling and will update our operations accordingly.”