I have been reading what you posted earlier about the CPS, Marjory and do not believe anyone has been particularly confused, except in thinking there is an actual, specific law about what anti-Semitism is.
But to dismiss the working definitions of what anti-semitism is as irrelevant , as something utterly other than the law, as you seem to, is sophistry imo.
From reading the CPS guidelines, it is as you say, up to the perception of the victim to say what anti-semitism is, but important as that may be, there will not be a conviction on the basis of that perception.
From the article from the CPS you posted before (my bolding):
“Flagging is a subjective question. Flagging a case puts the CPS on notice that someone at some stage has
perceived the incident that gave rise to the case had such an element of racial or religious hostility or prejudice to it. “
“For a conviction to receive enhanced sentencing in court the police need to provide sufficient evidence to prove the hostility element, however this is not required for flagging purposes. “
“Therefore, whilst not all flagged cases will result in specific racially or religiously aggravated charges or an application for an uplift of sentence under s.66 of the Sentencing Act 2020 [‘s.66 SA 2020’] (which applies to all convictions on or after 1st December 2020), they should still be flagged on CMS. perceived the incident that gave rise to the case had such an element of racial or religious hostility or prejudice to it. “
Therefore,(these are my words now)
Stage 1.
“Flagging”
by the victim according to the victim’s own perception of an event.
Stage 2.
The police are “0n notice” that this event has occurred.
Stage 3.
Police must ”Provide sufficient evidence” of hostility in order to get a conviction.
If the hostility is not physical, it must be in the nature of verbal hostility. How are the police not going to rely on some guidelines such as the working definitions in order to know if they are on a good footing to go on to stage 3, which is to prove hostility. It is very likely that the police have these definitions in mind.
So, the process of determining anti-semitism as proven does not simply rest at stage 1 ( an individual’s perception of anti-demotion flagged as being anti-semitism).
The stage 1 indisputable nature of the “flag”, in a stand alone sense, is presumably a safeguard in case future similar events occur at the hands of the same perpetrator, and as an act of good faith with the victim on the part of the police.
But the perception of anti-semitism is not a legal conviction of anti-semitism in and of itself.