The Director of Public Prosecutions v Liam Óg Ó Hannaidh

The Director of Public Prosecutions v Liam Óg Ó Hannaidh

Proceedings for summary offences under section 13 of the Terrorism Act 2000 are instituted when a written charge is issued; if Attorney General's permission is not obtained before issuance, the proceedings are a nullity and cannot proceed, and section 25(2) of the Prosecution of Offences Act 1985 does not save such...

Source-derived case information.

Parties
Appellant: THE DIRECTOR OF PUBLIC PROSECUTIONS; Respondent: LIAM ÓG Ó hANNAIDH; Intervenor: HIS MAJESTY’S ATTORNEY GENERAL
Jurisdiction
England and Wales
Judgment Date
03 December 2026
Procedural Posture
Criminal Appeal by Case Stated / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Terrorism Offences, Prosecution Consent, Statutory Interpretation, Summary Offences, Time Limits
Criminal Law Administrative Law Terrorism Offences Prosecution Consent Statutory Interpretation Summary Offences Time Limits

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Parties

THE DIRECTOR OF PUBLIC PROSECUTIONS

Appellant

LIAM ÓG Ó hANNAIDH

Respondent

HIS MAJESTY’S ATTORNEY GENERAL

Intervenor

Procedural Posture

Criminal Appeal by Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether proceedings for a summary offence under section 13 of the Terrorism Act 2000 were validly instituted without Attorney General's permission
  2. 2 Whether the written charge procedure under section 29 of the Criminal Justice Act 2003 constitutes institution of proceedings for the purposes of section 117 of TACT
  3. 3 Whether section 25(2) of the Prosecution of Offences Act 1985 saves proceedings instituted without proper consent

Ratio Decidendi

Proceedings for summary offences under section 13 of the Terrorism Act 2000 are instituted when a written charge is issued; if Attorney General's permission is not obtained before issuance, the proceedings are a nullity and cannot proceed, and section 25(2) of the Prosecution of Offences Act 1985 does not save such proceedings.

Court Disposition

appeal dismissed

Orders

  • The judge's decision that the court had no jurisdiction to try the charge is upheld.
  • The respondent will not be tried for the alleged conduct on 21 November 2024.