The contempt of court case of former English Defence League leader Tommy Robinson has been sent back to the Attorney General after the “nature and extent of the controversies” emerged in a letter to the judge.
The defendant - real name Stephen Yaxley-Lennon - claimed he had “already won” as he addressed a crowd of supporters ahead of the hearing.
The court heard he denied breaching the Contempt of Court Act and making a broadcast likely to serious prejudice a trial at Leeds Crown Court.
Judge Nicholas Hilliard QC said the case should go to the Attorney General for his consideration after receiving a statement from Robinson on Monday.
He said: “It is sufficient to say that the nature and extent of the controversies to be considered emerged to my eye more clearly than before.”
The court heard in the current setting, lawyers would not be able to properly cross-examine the evidence.
The judge said: “I think it necessary to look at quite a lot of the detail of what Mr Yaxley-Lennon said in the broadcast as to come to the overall picture as to what happened.
"I'm satisfied in the light of the issues as they now appear as they emerged from the statement of yesterday that cross-examination of Mr Yaxley-Lennon is necessary for a proper and thorough examination and resolution of the case that is in the public interest."
The 35-year-old has now been released on bail.
Earlier, fans chanted ”Oh Tommy Tommy" and blasted klaxons outside the Old Bailey as Robinson walked into court.
He was freed from prison in August after three leading judges quashed a contempt of court finding made at Leeds Crown Court.
But the 35-year-old could be sent back to jail if he is again found in contempt for filming people in a criminal trial in Leeds and broadcasting the footage on social media.
Robinson walked through the chanting crowd to make an address rather than take the easy route from behind the stage.
”No matter what happens today, I've already won,“ he said.
”Their attempts to silence and stop people having the knowledge of the Muslim rape gangs that are terrorising our nation... the entire world is now watching.”
Last month, Robinson was ushered into court amid similar scenes outside.
Following the brief hearing on September 27, a video appearing to show Robinson at a window within the court building was posted on the Twitter account of Ezra Levant, a reporter for the right-wing Rebel Media Organisation.
In the footage Robinson says "that's such a good feeling" before promising to go and greet the crowd of hundreds of supporters cheering and chanting outside.
The video is believed to have been made in the canteen on the Old Bailey's second floor. By the afternoon, it had been viewed more than 160,000 times.
Section 41 of the Criminal Justice Act 1925 (CJA 1925) makes it an offence to photograph people within court precincts.
City of London had confirmed they were looking into whether any offences were committed at September court appearance.