London Daily

Focus on the big picture.
Saturday, Mar 07, 2026

MI5 agents can commit serious crimes like murder and torture, tribunal rules

MI5 agents can commit serious crimes like murder and torture, tribunal rules

A UK tribunal has ruled that British secret agents can lawfully commit grave criminal offenses including murder, kidnap, and torture in the course of intelligence gathering.
Representing the British government, Sir James Eadie QC said it would be “impossible” for agents to maintain cover if they were not allowed to do so.

The Investigatory Powers Tribunal (IPT) ruled 3-2 in favor of the government, saying that MI5’s guidelines do not breach human rights and that the agency has an “implied power” under the Security Service Act 1989 to authorise crimes.

The case was brought against the Security Service by four human rights organisations – Privacy International, Reprieve, the Committee on the Administration of Justice, and the Pat Finucane Centre.

The groups had asked the IPT to declare the policy illegal and grant an injunction “restraining further unlawful conduct.”

While the tribunal ruled in favor of the government, it added that its 56-page judgement does not mean MI5 has “any power to confer immunity from liability under either the criminal law or the civil law.” In other words, the ruling does not grant those who commit serious crimes immunity from prosecution. The official authorization of crimes acts as the service's “explanation and justification of its decision should the criminal activity of the agent come under scrutiny by an external body, e.g. the police or prosecuting authorities.”

In the majority opinion, Lord Justice Singh said that preventing agents from committing crimes “would strike at the core activities of the Security Service.”

The case marked the first time the IPT, which hears complaints about the intelligence services, has ever published dissenting opinions. In his dissenting judgement, Professor Graham Zellick QC said that accepting the government's arguments “would open the door to the lawful exercise of other powers of which we have no notice or notion, creating uncertainty and a potential for abuse.”

The British government’s home affairs department said it was “pleased” with the ruling, adding that “the use of covert agents is an essential tool for MI5.”

During an earlier hearing in November, Ben Jaffey QC, who represented the coalition of civil liberties groups, said it appeared that MI5 thinks it can authorize “grave criminality” if it thinks it would be “in the public interest.” At that hearing, Jaffey said the policy “appears to have led to grave breaches of fundamental rights.”

He referred to the 1989 murder of Irish solicitor Pat Finucane which was later found to have involved the British state, and the case of Freddie Scappaticci, who he added “is alleged to have been a senior member of the IRA and a security service agent working under the codename ‘Stakeknife.’”

Jaffey said the ruling meant that MI5 was in effect granting immunity to agents.

The four human rights groups who brought the case said they would appeal the tribunal’s decision
Newsletter

Related Articles

0:00
0:00
Close
Starmer Defends UK Role in Iran Conflict After Renewed Criticism from President Trump
Blue Owl Reveals £36 Million Exposure After Collapse of UK Lender Serving Wealthy Clients
UK Asylum Reform Plan Triggers Fierce Debate Over Border Control and Humanitarian Impact
US Stealth Bombers Head to UK Base as Trump Issues Stark Warning to Iran
UK Deputy Prime Minister Says Legal Case Could Exist for British Strikes on Iranian Missile Sites
Investigators Link Mysterious Parcel Fires Across Europe to Russian Intelligence Operation
Debate Intensifies Over Britain’s Legal Justification for US Military Operations Launched From UK Bases
Britain Faces Heightened Energy Price Risks as Iran-Linked Tensions Threaten Global Oil and Gas Supplies
British Counter-Terror Police Arrest Four Suspected of Spying on Jewish Community for Iran
Axel Springer Agrees $770 Million Deal to Acquire Britain’s Daily Telegraph
Iceland Supermarket Drops Trademark Challenge Against Icelandic Government in Long-Running Naming Dispute
UK Defence Secretary Visits Cyprus Following Scrutiny of Britain’s Response to Drone Attacks
Questions Grow Over Britain’s Military Readiness as Response to Iran Conflict Draws Scrutiny
UK Offers Failed Asylum Seeker Families Up to Forty Thousand Pounds to Leave Voluntarily
Saharan Dust Could Bring ‘Blood Rain’ to Parts of the UK as Weather Systems Shift
UK Deploys Additional Typhoon Fighter Jets to Qatar and Helicopters to Cyprus Amid Rising Middle East Tensions
Experts Urge Britain to Accelerate Renewable Energy Push as Global Conflicts Drive Up Costs
British Public Shows Strong Reluctance to Join Wider War in Iran
First UK Evacuation Flight Departs Middle East After Lengthy Delay
United Kingdom Imposes New Visa Requirements on Travelers from St. Lucia and Nicaragua
Iran Conflict Strains U.S.–U.K. Alliance as Trump and Starmer Clash Over Military Strategy
UK Interest Rates Could Rise Above Four Percent Again if Energy Shock Continues, Think Tank Warns
Starmer Defends Britain’s Iran Strategy as Badenoch Urges Stronger Military Support
Labour MP Says She Saw No Sign Husband Broke Law After Arrest in China Espionage Investigation
UK Jobless Rate Overtakes Italy’s for First Time in Years as Labour Market Weakens
United Kingdom Suspends Student Visas for Four Countries in Unprecedented Immigration Move
Campaigners Warn UK Student Visa Ban Could Push Migrants Toward Dangerous Channel Crossings
First U.K. Charter Flight for Stranded Nationals Set to Depart Oman Amid Middle East Crisis
France and United Kingdom Deploy Warships to Eastern Mediterranean as Middle East Conflict Escalates
U.K. Arrests Three Men Including Lawmaker’s Partner in Suspected China Espionage Investigation
Trump Says UK–US ‘Special Relationship’ Is Diminished Amid Middle East Dispute
UK Economic Forecasts Face Fresh Strain from Middle East Conflict and Rising Energy Costs
UK Reaffirms Close US Ties After Trump’s Public Criticism
Reeves Stresses Stability and Fiscal Discipline in UK Budget Update as Growth Outlook Shifts
UK Deploys Royal Navy Destroyer HMS Dragon to Cyprus After Drone Strike on RAF Base
Green Party Surges Past Labour in New UK Poll as Traditional Party Support Crumbles
Majority of Britons Oppose U.S. Use of UK Military Bases in Iran Conflict
UK Intensifies Evacuation Efforts from Oman, Working with Airlines to Boost Flight Capacity
Trump Condemns UK and Spain in Unusually Sharp Rift Over Iran Military Action
Trump Repeats UK Claims That Diverge from Verified Facts Amid Diplomatic Strain
UK Arrests Prominent Figures Linked to Epstein Network as Questions Mount Over US Action
Trump Says UK ‘Took Far Too Long’ to Approve Use of Airbases for Iran Strikes
Scope of Britain’s Role in the Expanding Middle East Conflict Comes Under Scrutiny
Trump Says He Is ‘Very Disappointed’ in Starmer Over Iran Comments
U.S. Embassy in Riyadh Struck by Drones Amid Escalating Iran Conflict
Starmer Confronts Strategic Test After Drone Strike Near British Base in Cyprus
Rolls-Royce Chief Signals Openness to Germany Joining UK-Led Fighter Jet Programme
UK Stocks Slip as Escalating Iran Conflict Triggers Global Market Selloff
UK Overhauls Asylum System to Make Refugee Status Temporary
Starmer Warns of ‘Reckless’ Iranian Strikes Amid Escalating Regional Tensions
×