Threat assessment of China led to spy case collapse, says CPS

"The UK's most senior prosecutor has said a case involving two men accused of spying for China collapsed because he could not obtain evidence from the government referring to China as a national security threat. Sir Keir Starmer has said the government was only able to draw upon the previous Conservative government's assessment of China, which only went as far as calling the country an "epoch-defining challenge"."

"The director of public prosecutions, Stephen Parkinson, said there was sufficient evidence to prosecute at the time charges were brought in April 2024, but that a precedent set by another spying case had raised the threshold needed to convict people under the Official Secrets Act. He said the Crown Prosecution Service had made "efforts to obtain" further evidence from the government "over many months" but that the witness statements provided did not meet the threshold needed to continue with the prosecution."

The prosecution of Christopher Cash and Christopher Berry collapsed after prosecutors were unable to obtain government evidence characterising China as a national security threat at the time of the alleged offences. The director of public prosecutions said sufficient evidence existed when charges were brought in April 2024, but a legal precedent raised the threshold for conviction under the Official Secrets Act. The Crown Prosecution Service sought additional material "over many months" but witness statements provided did not meet that threshold. The prime minister said assessments could not be changed retrospectively and were bound to the previous government's position.

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