Tory MP calls for Attorney General to explain how Kneecap member prosecution collapsed - as prosecutors defend their actions
The shadow justice secretary has written to the government’s top legal advisor asking how he allowed a prosecution involving a member of the rap group Kneecap to collapse on a technicality – saying it has “shaken public faith in the justice system”.
Conservative MP Robert Jenrick has also raised questions about the Crown Prosecution Service’s (CPS) handling of the case against Liam Óg Ó hAnnaidh, who faced terrorism charges.
However, prosecutors have defended their actions, saying both the police and CPS followed procedures correctly at the time of the charge.
The musician, 27, from Belfast, was charged with the alleged display of a flag in support of proscribed terrorist group Hezbollah at a London gig last November.
Sitting at Woolwich Crown Court on Friday, chief magistrate Paul Goldspring said the charge brought against O hAnnaidh was “unlawful” and that he had no jurisdiction to try the case.
O hAnnaidh was charged in May, a month after counter-terrorism police investigated footage of a member allegedly calling for the death of British MPs at a November 2023 gig, with another video allegedly showing a band member shouting ‘up Hamas, up Hezbollah’.
Now, Mr Jenrick has written to the Attorney General Lord Hermer KC asking how he, as the government's chief law officer tasked with supervising the prosecuting authorities, allowed a high-profile terrorism prosecution to “collapse on a technicality”.
In the letter, dated last Friday, the Tory MP pointed to the judge’s remarks that the terrorism charge against Mr Ó hAnnaidh (known by the stage name Mo Chara) was “unlawful” and “null”.
“His judgment explained that proceedings under section 13 of the Terrorism Act 2000 can only be brought within six months and only with the consent of both the Director of Public Prosecutions and the Attorney General. In this case, police issued a written charge on 21 May 2025, exactly six months after the alleged offence at the O2 Forum in Kentish Town, but consent from your office was not given until the following day, making the charge out of time. The court therefore held that it had no jurisdiction and dismissed the case,” Mr Jenrick said.
He said the situation had caused “widespread anger and dismay”.
“For the Attorney General to allow such an error raises serious questions about the competence of all those involved. Given the gravity of this failure, an urgent inquiry must now be held and all relevant information placed in the public domain,” the Newark MP said.
He has called for a series of questions to be answered by the Labour peer in the interim, which he set out in his letter to Lord Hermer.
“First, why did the prosecuting authorities deem it suitable to leave this charging decision to the very last minute, when did you learn that the Metropolitan Police and Crown Prosecution Service intended to charge Mr Ó hAnnaidh and why was your consent a day late? The CPS says officers charged him on 21 May under its authority, yet your office did not authorise prosecution until 22 May, collapsing this prosecution.
“Second, why did your department or the CPS believe it could bypass the clear requirement in section 117(2A) of the Terrorism Act, which forbids instituting a section 13 case without your permission, when the chief magistrate concluded that consent must be obtained before a charge is issued?
“Third, if fault lies in whole or in part with the CPS what disciplinary action will be taken against the Director of Public Prosecution or the prosecutors who mishandled this case. Who in your office will take responsibility, what disciplinary action will be taken, and what reforms will you put in place to guarantee that mandatory consents and statutory deadlines are never again missed in terrorism cases?
“Finally, what responsibility do you personally take for this appalling failure? You are responsible for the Attorney General's Office and are constitutionally charged with supervising the Crown Prosecution Service,” the letter stated.
He said the “debacle” has shaken public faith in the justice system and the office of the attorney general – adding that “the public deserves answers, not excuses”.
A spokesperson for the Crown Prosecution Service said: “We are reviewing the decision of the court carefully.”
Prosecutors say this is the first time this point of law has been considered in the courts and as such the procedure followed by the police and CPS at the time of the charge was correct. The CPS has yet to say whether it will appeal the court’s ruling.
The attorney general’s office (AGO) said that on May 22, the CPS sought consent from the Law Officers to charge Liam Óg Ó hAnnaidh with a terrorism offence, and consent was granted within hours. The AGO says it will work with CPS and police when reviewing the decision of the court.