Terror charge against Kneecap rapper Mo Chara dismissed on technicality
Judge rules authorities failed to secure formal consent before charging and the case exceeded the six-month limit, resulting in dismissal and orders for costs
A terror charge against Kneecap rapper Liam Og Ó hAnnaidh, who performs as Mo Chara, was dismissed in London after a magistrate ruled the proceedings had been unlawfully brought. Chief Magistrate Paul Goldspring said the charging decision was made before formal consent from the Attorney General and within the required time frame, rendering the case invalid and without jurisdiction.
Details of the incident centered on a November 2024 performance at the O2 Forum Kentish Town in London, where video footage circulated showing a band member shouting support for Hamas and Hezbollah and a flag associated with Hezbollah being displayed during the concert. The Crown Prosecution Service subsequently charged Ó hAnnaidh with a terrorism offence, alleging the display occurred “in such a way or in such a circumstance as to arouse reasonable suspicion that he is a supporter of a proscribed organisation.”
Lawyers for Ó hAnnaidh argued that the Attorney General’s permission had not been formally granted before charging and that the consent should have been obtained within a six-month window. Court records showed that Scotland Yard sought a charging decision on May 20, with the CPS instructing police to charge the next day, but prosecutors did not secure AG consent beforehand. The defence contended that the lack of timely consent meant the charge did not meet the statutory requirements for bringing a terrorism-related offence.
In his ruling, the chief magistrate said the proceedings were instituted unlawfully because the necessary DPP and AG consent were not obtained within the six-month statutory limit set by section 127. He stated that the time limit requires consent to be granted at the time of, or before, the issue of the requisition, and that without it the court has no jurisdiction to try the charge. The charge was therefore described as unlawful and null, and Ó hAnnaidh was released.
Outside Woolwich Crown Court, supporters cheered as the verdict was delivered. Ó hAnnaidh arrived at the hearing with his lawyer and fellow Kneecap members, wearing a balaclava styled after the Irish flag and sunglasses, and a visible police presence was noted around the venue. The hearing had been moved from Westminster Crown Court after Westminster Magistrates’ Court closed briefly due to a burst water pipe, which left the building without water the morning of the session.
Reaction to the dismissal poured in from political figures and the group’s supporters. Northern Ireland’s First Minister, Michelle O’Neill, welcomed the verdict, posting on social media that all charges had been dropped and expressing support for Kneecap’s message on Gaza and Palestine. Kneecap had previously used social media to describe the case as part of a larger struggle over state responses to the Israeli-Palestinian conflict, including a post referring to what the band called a “carnival of distraction” surrounding the hearing.
The case underscores a narrow but critical point in modern prosecutions: even when conduct is alleged to meet a legal threshold, procedural requirements such as formal consent from the Attorney General and timely charging can determine whether charges proceed. Legal analysts note that the decision may limit prosecutors’ ability to pursue terrorism charges where necessary approvals are not timely secured, even if evidence suggests a potential offence.
As the legal actions concluded, Ó hAnnaidh and Kneecap members continued to perform and advocate on issues surrounding Gaza and Palestine. The group’s supporters said the outcome would not deter their broader mission to use music as a platform for political expression, while critics urged a continued focus on safety and the boundaries of lawful protest at public performances.