Campaign Against Antisemitism v Director of Public Prosecutions

Campaign Against Antisemitism v Director of Public Prosecutions

The DPP's decision to take over and discontinue the private prosecution was not irrational. The statements made by Mr Ali, while offensive and distressing, did not meet the threshold of 'abusive' under section 5 of the Public Order Act 1986 when considered in context and in light of Article 10 ECHR. The DPP properly applied the evidential test and exercised prosecutorial discretion within the bounds of public law. There was no error of law or irrationality warranting judicial intervention.

Parties
Claimant: Campaign Against Antisemitism; Respondent: Director of Public Prosecutions; Interested Party: Nazim Hussain Ali
Jurisdiction
England and Wales
Judgment Date
09 January 2019
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Freedom of Expression, Prosecutorial Discretion, Judicial Review, Public Order Offences, Private Prosecution
Criminal Law Constitutional Law Human Rights Freedom of Expression Prosecutorial Discretion Judicial Review Public Order Offences Private Prosecution

Case Brief

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Parties

Campaign Against Antisemitism

Claimant

Director of Public Prosecutions

Respondent

Nazim Hussain Ali

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the DPP's decision to take over and discontinue a private prosecution was irrational
  2. 2 Whether statements made by Mr Ali were 'abusive' under section 5 of the Public Order Act 1986
  3. 3 The proper application of Article 10 ECHR in the context of public order offences

Ratio Decidendi

The DPP's decision to take over and discontinue the private prosecution was not irrational. The statements made by Mr Ali, while offensive and distressing, did not meet the threshold of 'abusive' under section 5 of the Public Order Act 1986 when considered in context and in light of Article 10 ECHR. The DPP properly applied the evidential test and exercised prosecutorial discretion within the bounds of public law. There was no error of law or irrationality warranting judicial intervention.

Court Disposition

Claim dismissed