The Director of Public Prosecution v McGrath & Ors [2024] NIMag 1 (23 December 2024)

The Director of Public Prosecution v McGrath & Ors [2024] NIMag 1 (23 December 2024)

Deliberate wearing of items or display of articles in public, in such a way as to arouse reasonable suspicion of membership or support for a proscribed organisation, constitutes an offence under section 13(1) of the Terrorism Act 2000, regardless of the commemorative context or the legality of the organisation at the time commemorated.

Citation
[2024] NIMag 1
Parties
Complainant: The Director of Public Prosecutions; Defendant: Kris McGrath; Defendant: Jamie McKee; Defendant: Stephen McNeill; Defendant: Richard McConaghie; Defendant: Jason Dale Anderson; Defendant: Nicholas Greenfield
Jurisdiction
Northern Ireland
Judgment Date
23 December 2024
Procedural Posture
Criminal / Sentencing After Contested Hearing
Outcome
Conviction
Legal Topics
Proscribed Organisations, Strict Liability Offences, Section 13 Terrorism Act 2000, Parades and Public Order
Criminal Law Counter Terrorism Proscribed Organisations Strict Liability Offences Section 13 Terrorism Act 2000 Parades and Public Order

Case Brief

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Parties

The Director of Public Prosecutions

Complainant

Kris McGrath

Defendant

Jamie McKee

Defendant

Stephen McNeill

Defendant

Richard McConaghie

Defendant

Jason Dale Anderson

Defendant

Nicholas Greenfield

Defendant

Procedural Posture

Criminal / Sentencing After Contested Hearing

Legal Issues

  1. 1 Whether the defendants' conduct at the parades constituted an offence under section 13(1) of the Terrorism Act 2000 by wearing items arousing reasonable suspicion of membership or support for a proscribed organisation (UDA).

Ratio Decidendi

Deliberate wearing of items or display of articles in public, in such a way as to arouse reasonable suspicion of membership or support for a proscribed organisation, constitutes an offence under section 13(1) of the Terrorism Act 2000, regardless of the commemorative context or the legality of the organisation at the time commemorated.

Court Disposition

Conviction

Orders

  • Each defendant is convicted of every complaint on the summons he faces.