London Daily

Focus on the big picture.
Thursday, Mar 19, 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
GB News Faces Regulatory Complaints Over On-Air Remarks on ‘Genocide’ Claims
UK Signals Expanded Support for Gulf Allies as Iranian Attacks Intensify Regional Threats
UK VAT Decision Opens Path for Potential Refunds to U.S. Biopharma Firms
UK and Canada Advance ‘Middle Power’ Strategy to Shape Global Influence Beyond Superpowers
Google Explores AI Opt-Out Features in Search to Address UK Regulatory Concerns
Google Explores AI Opt-Out Features in Search to Address UK Regulatory Concerns
UK Fuel Prices Poised to Surge as Global Tensions Drive Oil Market Volatility
UK Fuel Prices Poised to Surge as Global Tensions Drive Oil Market Volatility
UK Holds Back on Hormuz Escort Mission While Continuing Talks with Allies
TrumpRx Pricing Platform Faces Scrutiny as Some Medicines Remain Costlier Than in the UK
UK, Netherlands and Finland Explore Joint Defence Investment Bank to Boost Military Capability
Deadly Meningitis Outbreak in Kent Raises Alarm as Cases Surge and Emergency Response Expands
UK Security Adviser Viewed US-Iran Nuclear Deal as Within Reach Before Sudden Escalation
UK Prime Minister Urges Continued Focus on Ukraine Amid Escalating Iran Conflict
UK Introduces New Safeguards to Shield Lenders from Bank Run Risks
UK Promotional Products Market Surpasses £1.3 Billion as Demand Strengthens in 2025
Reeves Pushes for Deeper UK-EU Economic Ties to Revive Growth
UK Security Adviser Saw No Imminent Iranian Nuclear Threat Days Before War Erupted
France Signals Warm Welcome for UK Return to EU Single Market Amid Renewed Cooperation Talks
UK Defence Official Criticises Boeing Over Delays to E-7 Wedgetail Programme
UK Urged to Secure Quantum Talent as Minister Warns Against Repeating AI Setbacks
UK Mayors Set to Gain New Spending Powers Under Reeves’ Fiscal Devolution Plan
Western Allies Urge Restraint as Israel Weighs Expanded Ground Operation in Lebanon
Trump Warns NATO Faces ‘Very Bad’ Future Without Stronger Allied Support in Iran Conflict
UK Minister Says Britain Not Bound to Support Every Demand From U.S. President
Starmer Tells Trump Britain Will Not Be Drawn Into Wider Iran War
Starmer Tells Trump Britain Will Not Be Drawn Into Wider Iran War
UK Set to Introduce Steel Tariffs of Up to 50 Percent in New Industrial Strategy
European Governments Decline Trump’s Call to Send Warships to Reopen Strait of Hormuz
Fears Over Iran Conflict Weigh on UK Consumer Confidence
Starmer Says UK Working With Allies on Hormuz Shipping Plan After Trump Raises Pressure
Iran War and Energy Shock Shake Britain’s Economy and Political Debate
Deadly Meningitis Outbreak at UK University Leaves Two Dead and Several Seriously Ill
Deadly Meningitis Outbreak at UK University Leaves Two Dead and Several Seriously Ill
King Charles and Queen Camilla Share Personal Tributes to Their Mothers on UK Mother’s Day
Prince William Honors Princess Diana with Mother’s Day Tribute
UK Economy Stalls in January as Households Cut Back on Eating Out
AI-Generated Singer Becomes Viral Voice for Iranians With New Anthem
London Private Club Founder Plans Exclusive Palm Beach Venue Near Trump’s Mar-a-Lago
Ed Davey Urges Britain to Build Fully Independent Nuclear Missile Capability
What the UK Covid Inquiry Is and How It Investigates Britain’s Pandemic Response
What the UK Covid Inquiry Is and How It Investigates Britain’s Pandemic Response
US Treasury Links British Polo Patrons to Alleged Venezuelan Oil Proceeds Laundering Scheme
Hundreds Gather in London Despite Ban on Annual Pro-Palestinian March
Two Dead and Multiple Students Seriously Ill After Invasive Meningitis Outbreak at UK University
UK Considers Deploying Ships and Mine-Hunting Drones to Reopen Strait of Hormuz
Starmer and Trump Discuss Urgent Need to Reopen Strait of Hormuz Amid Escalating Iran Conflict
Prince Harry and Meghan Markle’s Planned Australia Visit Draws Mixed Reaction From Local Communities
Trump Calls on France and UK to Help Safeguard Strait of Hormuz Shipping Route
Boris Johnson Labels Bitcoin a ‘Ponzi Scheme’, Sparking Debate in Crypto World
×