Mo Chara and the Tyranny of Terrorism Laws

The protests outside Westminster Magistrates’ Court today in support of Mo Chara, the stage name of Kneecap rapper Liam Óg Ó hAnnaidh, will not make any difference to what will, in all likelihood, be his inevitable prosecution under British terrorism laws.

Ó hAnnaidh was released on unconditional bail but is accused of acting in breach section 13 of the Terrorism Act 2000 which specifies that an individual commits an offence if, in public, that person “wears, carries or displays an article, in such a way or in such circumstances as to arouse reasonable suspicion that he is a member or supporter of a proscribed organisation”.

Police began an investigation after the rapper was videoed holding a Hezbollah flag onstage during a gig in London last November.

The problem that Ó hAnnaidh faces is that this is not a jury trial and the offence is one of strict liability, meaning that his motivation or intent was irrelevant.

In other words, as long as he knew that he was holding the flag and there was a reasonable suspicion that he was showing support for Hezbollah, then that will be sufficient for the Crown to secure a prosecution.

Nevertheless, the protests are important.