This is debatable, especically for anyone who followed Murray's reporting. Here are a few random links that I had bookmarked that give a different opinion. I could possibly find more but I really do not want to spend the rest of the day on this.

https://news.ycombinator.com/item?id=29508528

https://www.amnesty.org/en/latest/news/2020/09/why-are-amnes...

https://news.ycombinator.com/item?id=24505438

https://news.ycombinator.com/item?id=24503896

https://news.ycombinator.com/item?id=24526096

https://news.ycombinator.com/item?id=27881936

I also think that you misunderstood what the parent said, I took it to mean that the court could deny it because they could hypothetically decide that it wasn’t a crime according to UK law