The Crown Prosecution Service claimed there was a “confirmed genocide in Gaza” when dismissing a complaint about an alleged antisemitic placard at a protest.
The comments related to a placard displayed at an October rally bearing the words “stop the genocide” alongside blue Stars of David, which the CPS concluded was not a hate crime, determining that no further action should be taken.
In written reasoning sent to the victim via the Metropolitan Police, the CPS said the “stars are blue, one of the colours of the Israeli flag” and that the use of the colour differentiated the symbol from Judaism more broadly.
It stated that the placard appeared to oppose “the state of Israel for the now confirmed genocide in Gaza, not the race or religion”, and concluded that “the image itself is not unlawful”.
The original complaint was submitted by retired police officer Gill Levy, who said he was alarmed when he received the prosecutor's response.
“The CPS are charged with protecting the British community from harm, and if they’re unable to assess such basic legal matters, then that is a very scary prospect,” Levy said.
Prosecutors have now apologised for their “poor quality of advice” after enquiries from the JC.
Nick Price, director of CPS legal services, has offered an “unreserved apology” for the advice, which he said “fell below our usual high standards”.
He added that prosecutors were reviewing the issuing of the advice.
“We recognise the justified strength of feeling around antisemitic incidents, and I would like to offer an unreserved apology for the poor quality of our advice to the police in this case,” Price said.
“We provided early advice to police but recognise that the quality of this advice fell below our usual high standards and are urgently reviewing how this happened.
“The CPS is already working to raise awareness and deepen prosecutors’ understanding of antisemitism, by rolling out mandatory training and stronger oversight of these cases,” he went on.
The Metropolitan Police, which was not making any judgment on the war in Gaza itself when it quoted the CPS advice to the victim, relies on guidance from prosecutors.
A spokesperson for the Met said: “The Met will take an assertive and determined approach to dealing with antisemitism and other hate crime, acting decisively against anyone who tries to use the cover of protest to cause fear and distress to Londoners.”
It comes after the JC reported that former attorney general Sir Michael Ellis had called for the creation of a new specialist antisemitism unit within the CPS to handle such cases.
Levy said he supported Sir Michael’s proposal and suggested that both police and prosecutors should be able to draw on dedicated expertise in dealing with anti-Jewish hate.
The JC understands that the CPS is introducing a new oversight process for antisemitism cases that result in no further action, including a sampling of previous decisions, alongside additional training for senior leaders.
The story was first reported on Josh Howie’s GB News programme.
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