The Crown Prosecution Service has said it will appeal against the decision to throw out the case against Kneecap rapper Liam Og O hAnnaidh.
A terrorism case against the rapper, 27, was dismissed by the chief magistrate last month because of an error in the way he was charged.
O hAnnaidh, who performs under the stage name Mo Chara, was alleged to have displayed a flag in support of proscribed terror organisation Hezbollah at a gig in November last year.
However, on September 26 chief magistrate Paul Goldspring said the charge brought against him was “unlawful” and that he had no jurisdiction to try the case.
In a short statement, the CPS said it would appeal against the decision because “we believe there is an important point of law which needs to be clarified”.
Following the hearing at Woolwich Crown Court in which the case was dismissed, O hAnnaidh was cheered by more than 100 supporters outside.
In remarks to the crowd outside the court, he vowed the rap trio would “not be silenced”.
Goldspring agreed with O hAnnaidh's lawyers that prosecutors needed to seek the permission of the Attorney General to charge the rapper before informing him on May 21 that he would be charged with a terror offence.
It is understood the CPS's position is that permission only needed to be obtained before his first court hearing, which took place around a month later.
Prosecutors allege O hAnnaidh can be seen in a recording of a gig at the O2 Forum in Kentish Town, north London, which shows him wearing and displaying the flag of Hezbollah while saying "up Hamas, up Hezbollah".
After the hearing last month, he said: "This entire process was never about me.
"It was never about any threat to the public, it was never about terrorism - a word used by your Government to discredit people you oppress.
"It was always about Gaza, about what happens if you dare to speak up."
In an interview with Virgin Media News, the rapper told the Prime Minister "better luck next time", adding: "Even if it had went to court we would have won anyway."
