Jurisdiction(s):
United Kingdom

UK Attorney General blames outdated 'enemy' test in Official Secrets Act 1911, legislative delay for collapse of China espionage prosecution; denies interference, says National Security Act would have allowed trial

Published on: 03 November 2025

Published by a Law360 reporter

Legal News

Article summary

Attorney General, Lord Hermer KC, gave evidence to the National Security Strategy Joint Committee

Parliament’s slow move to scrap and replace the Official Secrets Act 1911 was a factor in a prominent espionage prosecution collapsing, the Attorney General told the National Security Strategy Joint Committee. Lord Hermer KC noted that, in 2017, the Law Commission warned MPs that the term 'enemy' in the statute was highly problematic and would cause difficulties for future cases. He said the Crown Prosecution Service would have had no difficulty bringing the matter to trial had Parliament acted on that advice earlier and passed the National Security Act before its 2023 enactment. He added that he struggled to see why the measure took so long, and that, had the new law applied during 2021–2023, he was certain the prosecution would have proceeded to trial. In April 2024, the CPS charged Christopher Cash, a former parliamentary researcher, and Christopher Berry, an academic, with spying for Beijing under the 1911 Act, alleging they shared secrets with a Chinese agent. Both men...

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