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No further action will be taken against a man who was arrested on suspicion of racist behaviour following Chelsea's League Cup win over Manchester United, Scotland Yard said.
Pictures taken during the October 31 fourth-round tie at Stamford Bridge appeared to show a fan making a 'monkey' gesture.
A 28-year-old man was arrested over alleged racist behaviour. United striker Danny Welbeck appeared to be the target of the alleged abuse.
A CPS London spokesperson said: 'We have thoroughly reviewed the evidence in this case in accordance with the Code for Crown Prosecutors.
No action: The Chelsea supporter will face no further charges after appearing to make a racist gesture
'To bring a charge for a racially aggravated public order offence we need to be able to prove in a court either that an individual’s gestures demonstrate hostility towards the victim based on the victim's membership (or presumed membership) of a racial group, or that the offence is motivated (wholly or partly) by hostility towards members of a racial group based on their membership of that group.
'It is our decision that, having looked closely at video footage, an image of the incident and witness statements, the evidence does not demonstrate this to the standard required for a prosecution.
There is therefore insufficient evidence for a realistic prospect of conviction and we are therefore not bringing a charge against this individual.'
Other fans in the crowd were interviewed and CCTV footage has been examined but 'a decision was taken with the Crown Prosecution Service to proceed with no further action,' the Scotland Yard spokesman said.
He said: 'The Metropolitan Police Service (MPS) takes any allegation of racist chanting and/or behaviour very seriously and if any matters are brought to our attention they will of course be thoroughly investigated.
'The MPS routinely work very closely with football clubs and partner agencies to monitor behaviour to ensure public confidence and safety.'
Peter Herbert, chairman of the Society of Black Lawyers, told Sportsmail: 'We are surprised and very disappointed with this decision. We will be taking this matter up with the CPS and also the Metropolitan Police in due course. This decision is not in the public interest and they need to be held to account for it.'
Earlier this year, Chelsea imposed a lifetime ban on a supporter who admitted racially abusing former Chelsea striker Didier Drogba.
Pictures taken during the October 31 fourth-round tie at Stamford Bridge appeared to show a fan making a 'monkey' gesture.
A 28-year-old man was arrested over alleged racist behaviour. United striker Danny Welbeck appeared to be the target of the alleged abuse.
A CPS London spokesperson said: 'We have thoroughly reviewed the evidence in this case in accordance with the Code for Crown Prosecutors.
No action: The Chelsea supporter will face no further charges after appearing to make a racist gesture
'To bring a charge for a racially aggravated public order offence we need to be able to prove in a court either that an individual’s gestures demonstrate hostility towards the victim based on the victim's membership (or presumed membership) of a racial group, or that the offence is motivated (wholly or partly) by hostility towards members of a racial group based on their membership of that group.
'It is our decision that, having looked closely at video footage, an image of the incident and witness statements, the evidence does not demonstrate this to the standard required for a prosecution.
There is therefore insufficient evidence for a realistic prospect of conviction and we are therefore not bringing a charge against this individual.'
Other fans in the crowd were interviewed and CCTV footage has been examined but 'a decision was taken with the Crown Prosecution Service to proceed with no further action,' the Scotland Yard spokesman said.
He said: 'The Metropolitan Police Service (MPS) takes any allegation of racist chanting and/or behaviour very seriously and if any matters are brought to our attention they will of course be thoroughly investigated.
'The MPS routinely work very closely with football clubs and partner agencies to monitor behaviour to ensure public confidence and safety.'
Peter Herbert, chairman of the Society of Black Lawyers, told Sportsmail: 'We are surprised and very disappointed with this decision. We will be taking this matter up with the CPS and also the Metropolitan Police in due course. This decision is not in the public interest and they need to be held to account for it.'
Earlier this year, Chelsea imposed a lifetime ban on a supporter who admitted racially abusing former Chelsea striker Didier Drogba.
