London Daily

Focus on the big picture.
Monday, Apr 06, 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
UK Considers Deploying Aircraft Carrier for US Independence Day Celebrations Amid Renewed Transatlantic Focus
United Kingdom Moves to Attract AI Firm Anthropic Amid Tensions with US Defense Officials
RAF Intercepts Iranian Drones in Middle East to Defend Allied Security Interests
Labour Signals Shift on Foie Gras and Fur Restrictions to Advance EU Trade Talks
Seven Arrested Near RAF Base as UK Authorities Respond to Protest Activity
Economic Pressures Mount as Analysts Warn UK Growth Is Being Constrained by Policy Burdens
UK Green Party’s Push for Church-State Separation Sparks Debate Over National Identity
Strategic Island Emerges as Growing Challenge for United States and United Kingdom Defense Planning
Pepsi Pulls Sponsorship from UK Festival Following Backlash Linked to Kanye West
Signs Emerge of Declining Enthusiasm for Social Media in the United Kingdom
Security Alert Raised Ahead of Meghan Markle’s Planned Visit to Australia
UK Food Halls Defy Hospitality Slowdown, Emerging as Bright Spot in Challenging Market
UK Sets Firm Conditions for Military Action, Insisting on Legal Mandate and Clear Strategy
UK Medicines Regulator Launches Probe into Peptide Clinics Over Health Claims
New North Sea Drilling Unlikely to Significantly Cut UK Gas Imports, Analysis Finds
Woman Linked to UK’s First All-Female Terror Plot Faces Deportation
Downed US Aircraft Over Iran Linked to Operations from UK Airfield
Two Men and Teen Detained in UK Following Attack on Jewish Charity Ambulance
UK Police Launch Inquiry After Firearms Left Unattended Outside Mayor’s Residence
Giuffre Family Calls on King Charles to Meet Epstein Survivors During US Visit
Amber Wind Warning Issued as Storm Dave Approaches Parts of the United Kingdom
Prince Harry and Meghan’s Australia Visit Set to Draw Heightened Global Attention
UK Considers Entry Fees for Overseas Visitors at Major Museums Ahead of 2026 Travel Season
UK Prime Minister and Kuwait Crown Prince Coordinate Security Response After Regional Escalation
Calls Grow to Expand Fully Paid Maternity Leave for UK Teachers Amid Workforce Pressures
UK Secures Tariff-Free Access to US Market in Landmark Pharmaceuticals Agreement
Trump Projects Strength in Critique of UK Leadership and Naval Readiness
UK FinTech Setback as VibePay and Smartlayer Cease Operations Amid Funding Pressures
UK Leads Global Coalition of Over Forty Nations to Address Strait of Hormuz Crisis
UK Firms Urged to Accelerate Preparation as New Sustainability Reporting Rules Take Shape
UK Moves Rapid Sentry Air Defence System to Kuwait After Drone Strike Escalation
Transatlantic Relations Tested as UK Seeks Balance While Trump Reshapes Strategic Approach
Trump’s Strategic Pressure on UK Seen as Push for Stronger Alignment and Fairer Terms
UK Focuses on Trade Finance to Secure Critical Materials for Defence and Energy Sectors
Majority of UK Businesses Hit by Middle East Conflict While Confidence Holds Firm
UK Royal Navy Faces Renewed Scrutiny as Debate Intensifies Over Capability and Readiness
Reform UK Faces Mounting Distractions as Policy Agenda Struggles to Gain Traction
Investigation Launched Into Northern Cyprus IVF Clinics After UK Families Receive Incorrect Sperm
International Meeting Issues Unified Call to Safeguard Navigation Through Strait of Hormuz
Potential Strait of Hormuz Closure Raises Concerns Over UK Food and Medicine Supply Chains
UK Leads Coalition of Over Forty Nations Urging Iran to Reopen Strait of Hormuz
UK Secures Tariff-Free Access for Medicines in Landmark US Pharma Trade Agreement
King Charles III Invited to Address Joint Session of U.S. Congress in Rare Diplomatic Honor
Debate Grows Over Whether Expanded North Sea Drilling Can Reduce UK Energy Bills
UK Faces Heightened Risk of Jet Fuel Shortages, Airline Chief Warns
UK Ends Police Investigations into Lawful Social Media Posts After Review Finds Overreach
Abramovich Moves to Establish Charity for Frozen Chelsea Sale Proceeds Amid UK Dispute
Starmer Reaffirms NATO Commitment While Responding to Trump’s Strategic Critique
UK Aid Reductions Raise Fears of Severe Human Impact Across Parts of Africa
UK Signals Renewed Push for EU Cooperation as Iran Conflict Reshapes Security Landscape
×