Director of Public Prosecutions -v- Liam Óg Ó Hannaidh (Liam O’Hanna)
Administrative CourtHigh CourtKing's Bench DivisionOrderTransmission Direction Order
Claim number: AC-2025-LON-003899
In the High Court of Justice
King’s Bench Division
Administrative Court (Divisional Court)
7 January 2026
Before:
Mr Justice Linden
Between:
Director of Public Prosecutions
-v-
Liam Óg Ó Hannaidh (Liam O’Hanna)
Order
By the Court of its own motion
Following consideration of the documents lodged by the Appellant and the Respondent
And further to the Orders of the Court dated 2 December 2025, listing this matter for a one day hearing on Wednesday 14 January 2026; and 23 December 2025, giving the Attorney General permission to make written and oral representations
ORDER BY THE HON. MR JUSTICE LINDEN
1. Any request for a direction under s. 85A(3)(b) of the Courts Act 2003 (“a transmission direction request”) by a person not taking part in the proceedings (“an applicant”) for permission to watch or listen to the proceedings remotely must be made by 10 am on Tuesday 13 January 2026.
2. Any transmission direction request should be sent by email to the Administrative Court List Office at administrativecourtoffice.listoffice@justice.gov.uk and must include the following:
a) the full name of the applicant;
b) the email address of the applicant;
c) whether the applicant would be located within the jurisdiction of England and Wales at all times when attending the proceedings remotely (if a transmission direction were to be made); and, if not, details of the applicant’s location;
d) any information the applicant wishes to provide in support of the request, including in particular any reason(s) why it is contended that making such a direction would be in the interests of justice; and
e) a statement by the applicant in the following terms: “If permitted to attend the hearing remotely, I understand and undertake to the Court that I will not make a recording, capture images, and/or broadcast any part of the proceedings. I understand that to do so would be an offence and may be a contempt of court, and that I may be punished if I were to do so.”
3. Unless exceptionally the Court otherwise directs, a transmission direction request made otherwise than in accordance with this Order will not be granted.
Reasons
1. This is an appeal by the Director of Public Prosecutions from the decision of the Westminster Magistrates Court, on 26 September 2025, that it did not have jurisdiction to determine a charge against the Respondent under section 13 of the Terrorism Act 2000.
2. The Respondent is a member of a rap group known as “Kneecap”. He is alleged to have displayed a flag during a performance at the O2 Forum in London on 21 November 2024 in such a way or in such circumstances as to arouse reasonable suspicion that he is a member or supporter of a proscribed organisation, namely Hezbollah.
3. On 21 May 2025, the Metropolitan Police issued a “Notice of Criminal Charge” in respect of the alleged offence. This required the Respondent to attend a hearing at the Magistrates’ Court on 18 June 2025. The Notice was issued within the 6 month deadline for instituting proceedings under section 127 of the Magistrates’ Court Act 1980. However, section 117 of the Terrorism Act 2000 provides that proceedings for an offence under section 13 of the 2000 Act may only be instituted with the consent of the Director of Public Prosecutions, and that he may only consent to a prosecution with the permission of the Attorney General. That permission was not obtained until 22 May 2025.
4. The question for the Divisional Court is whether the Chief Magistrate was right in law to hold that the proceedings against the Respondent were not instituted in the correct form within the six month statutory time limit set by section 127 of the 1980 Act because the Attorney General’s permission had not been obtained by 21 May 2025, and that therefore the Magistrates’ Court did not have jurisdiction. The Respondent argues that he was. The Director of Public Prosecutions argues that he was not. His case is that for the purposes of section 117 of the 2000 Act it was sufficient that the Attorney General’s permission had been obtained before the Respondent made his first appearance at court on 18 June 2025 to answer the written charge.
5. This case is likely to attract media attention. This Order is made to ensure that any transmission direction requests are made in a timely manner, to enable them to be considered and determined prior to the trial and to ensure that any such requests are accompanied by the necessary information.