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Attorney general blames outdated law for collapse of China spy case

Attorney general blames outdated law for collapse of China spy case

Summary

The attorney general, Lord Hermer, blamed outdated laws for the collapse of a case against two men accused of spying for China. Charges against the suspects were dropped because the old law required proof that the information they shared was useful to an "enemy," a term that complicated the case. New legislation, the National Security Act, would have simplified the prosecution by only requiring proof the information was shared with a foreign power.

Key Facts

  • Lord Hermer is the government's chief legal adviser and spoke to Parliament's Joint Committee on the National Security Strategy.
  • Charges against two men, Christopher Cash and Christopher Berry, were dropped in September.
  • The men were accused of spying under the Official Secrets Act from 1911.
  • The Official Secrets Act requires proof that shared information is useful to an "enemy."
  • New legislation, the National Security Act passed in 2023, simplifies prosecutions by requiring proof the information was shared with a foreign power.
  • The collapse of the case led to political disagreements about who was responsible.
  • Ministers stated they were frustrated by the case's collapse but denied interference from politicians.
  • The controversy involved allegations that the Labour government allowed the case to fail for economic ties with China, which the government denied.
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