Campaign Against Antisemitism v Director of Public Prosecutions [2019] EWHC 9 (Admin)

In this claim, the CAA challenges the decision of the Defendant (“the DPP”) to take over and discontinue its private prosecution of the Interested Party (“Mr Ali”) under section 5 of the Public Order Act 1986 (“the 1986 Act”) 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.

Held: ‘…this is a public law challenge, and this court can only intervene if the decision to take over the CAA’s private prosecution and discontinue it made by the Decision-Maker was irrational, i.e. a decision to which no properly directed and informed CPS decision-maker could have come. In my judgment, it cannot be said that it was irrational.’