The CAA challenged the decision of the DPP to take over and discontinue its private prosecution of Mr Ali under section 5 of the Public Order Act 1986 for statements he made at a rally which he led in Central London on 18 June 2017. Under section 5, it is an offence to use abusive words within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby. The DPP took the view that, in all the circumstances, the words used were not ‘abusive’ within the meaning of that provision so that a prosecution was more likely than not to fail. As a result, under the DPP’s policy in respect of private prosecutions, she was bound to take over the prosecution and discontinue it, which she did. The CAA submits that, on the undisputed facts, that decision was irrational. The DPP maintains that the decision was lawful.
[2019] EWHC 9 (Admin)
Bailii
England and Wales
Crime
Updated: 28 November 2021; Ref: scu.632088