Northern Ireland

No prosecution of loyalist flute band members wearing Soldier F and Parachute Regiment emblems, PPS rules

 Images showing members of a flute band wearing shirts with a Parachute Regiment logo on the sleeves during the annual Apprentice Boys parade in Derry were shared on social media
 Images showing members of a flute band wearing shirts with a Parachute Regiment logo on the sleeves during the annual Apprentice Boys parade in Derry were shared on social media  Images showing members of a flute band wearing shirts with a Parachute Regiment logo on the sleeves during the annual Apprentice Boys parade in Derry were shared on social media

The Public Prosecution Service (PPS) will not prosecute three members of a loyalist flute band who paraded close to the scene of Bloody Sunday in Derry with a Parachute Regiment symbol on their uniforms. 

The Clyde Valley Flute Band from Larne caused anger among nationalists after its members marched in the Apprentice Boys parade wearing the emblem through the centre of Derry on August 10 2019.  

The PPS had to consider whether the wearing of these shirts amounted to an offence of provocative conduct having regard to all the circumstances including the location of the parade, the findings of the Bloody Sunday Inquiry, and the pending prosecution of Soldier F for offences including murder.

PPS Assistant Director Martin Hardy said: “A Senior Public Prosecutor, assisted by advice from independent Senior Counsel, carefully considered all the available evidence and information reported on a police investigation file. It was concluded that the Test for Prosecution was not met in respect of any offence for any of the three individuals on evidential grounds.

“In respect of two of the three reported individuals, both of whom had worn the relevant shirts, it was concluded, following careful consideration of all the relevant facts and circumstances, that there was no reasonable prospect of conviction. The considerations that informed that conclusion included the following:

  • The context of the event, which was an annually held loyal order parade at which symbols of British military pageantry would be anticipated.
  • The nature of and size of the emblems, which did not reference any unlawful organisation or carry any positive message of offence, and were small and visible only from close range.
  • The fact that the shirts had been worn on previous occasions and the band lowered flags and proceeded by way of a single drum beat when passing an interface area.
  • The absence of any clear evidential link between the conduct of the suspects and the public disorder that took place on the evening of the parade.

"The difficulty in proving any specific intent on the part of the reported individuals and the fact that, under the second limb of the offence, the prosecution is required to prove that violence (or threatened violence) was the likely effect of the suspects’ conduct. Proof of a mere risk or possibility of a breach of the peace would not suffice.

“The third reported individual had worn a replica military uniform which did not bear any emblem relating to the Parachute Regiment or Soldier F. It was concluded that there was nothing worn, or done, by this individual in the course of the parade that provided any separate basis for prosecution. Furthermore, in light of the conclusions reached in relation to the first two reported individuals, the evidence did not provide a reasonable prospect of conviction on the basis that he encouraged or assisted an offence of provocative conduct by others.”

Mr Hardy added: “Although it was concluded that the wearing of the emblems did not provide a basis for prosecution, we recognise the sensitivities and concerns arising from the conduct of the Clyde Valley Flute Band in Derry on 10th August 2019. Those sensitivities and concerns were recognised by the band itself when it withdrew from a subsequent parade in December 2019.

"The decision not to prosecute is a judgment as to the likely prospects of proving an offence in the context of a criminal trial and should in no way be seen as diminishing the hurt that the conduct may have caused, not least to the victims and loved ones of those killed on Bloody Sunday.” 

In an effort to prevent a breach of the peace, a large number of police escorted the band from Larne as it made its way through the city on the day in question. Later, a bus carrying the band home to Larne was stopped by officers on the outskirts of the city.

Officers in armoured vehicles attended and a two-and-a-half-hour stand-off ensued until police finally secured the names and details of some bandsmen. Police then sent a file to prosecutors to assess whether band members were guilty of provocative conduct.

PSNI Assistant Chief Constable Alan Todd, who was the overall commander in charge on the Saturday in question, at the time rejected those who characterised the police operation as "heavy handed".