UK government loses appeal over Kneecap terror charge

The UK government has lost its appeal over a judge's decision to throw out a terror charge against a member of the Irish language rap trio Kneecap.

On Wednesday, judges at the High Court in London said the 28-year-old would not face a new terror trial after it rejected a Crown Prosecution Service (CPS) appeal.

Ó hAnnaidh was first charged in May 2025 after allegedly displaying a flag in support of Hezbollah during a gig at the O2 Forum in Kentish Town in London in November 2024.

Hezbollah are a Shia Muslim political and military group in Lebanon which has been involved in a series of violent conflicts

Chief Magistrate Paul Goldspring outlined in his judgement last September that permission was not given to the Director of Public Prosecutions (DPP) to consent to the prosecution until 22 May – a day after Ó hAnnaidh was charged.

If 22 May was considered to be the date of the charge, that was six months and one day after the London gig where the offence allegedly took place.

The judgement on Wednesday said it agreed with the chief magistrate that proceedings had "been instituted when the first written charge was issued on 21 May".

"This was invalid as the permission of the Attorney General had not been obtained at that time," the judgement stated.

"It follows that no written charge was issued within six months of 21 September 2025 and the judge was right to hold that he had no jurisdiction to try any summary only offence alleged to have been committed on that date."

Lord Justice Edis also said Ó hAnnaidh has not been tried for his alleged conduct "and will not be tried".

"He has not been convicted, and he has not been acquitted."

Speaking after the judgement at a press conference in west Belfast, attended by supporters and members of the media, Ó hAnnaidh joked that it was "three-nil to Kneecap".

"This entire process was never about me, never about any threat to the public and never about terrorism... it was always about Palestine," he said.

"Your attempts to label me a terrorist have failed because I was right and, yet again, Britain was wrong."

Speaking directly to the government, Ó hAnnaidh said: "We said we would fight you in your court and we would win, we have three times now. Your own High Court has ruled against you.

"I will not be silent, Kneecap will not be silent, the people of west Belfast will not be silent."

Darragh Mackin from Phoenix Law, who represented the rapper, said there have been questions over the motivation and validity of the prosecution since the beginning.

"In September last year, the most senior magistrate ruled that the proceedings were a novelty. Today the divisional court has confirmed that position," he told supporters in west Belfast.

Describing the appeal as "legally laughable" and a "witch hunt".

"The rule of law cannot be clearer today, the prosecution of Mo Chara was unlawful from its very inception."

He added there are "better ways" for the government to spend money than on pursuing "pointless appeals".

"Today's decision brings this expensive circus to an end," Mackin added.

A CPS spokesperson said it accepted the judgement and would "update our processes accordingly".

Kneecap are an Irish language trio, formed in 2017 by three musicians who go by the stage names of Mo Chara, Móglaí Bap and DJ Próvaí.

Over the years, the group have faced criticism for their provocative lyrics and merchandise.

After their performance at the US music festival Coachella in April 2025, the group were criticised for displaying messages about the war in Gaza during their set.

In November 2024, the group won its case against the UK government over a decision the then-UK Business Secretary Kemi Badenoch took to withdraw an arts grant.