London Daily

Focus on the big picture.
Thursday, Jun 18, 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
Health Authorities Warn of Rising Cases of Seasonal Respiratory Illnesses
BAE Systems and Rolls-Royce Advance Multi-Nation Fighter Aircraft Programme
National Archives Publish Declassified Documents on Cold War Energy Security Planning
British Retail Spending Rises Despite Continuing Cost-of-Living Pressures
Wales Launches Social Housing Pilot to Address Affordability Pressures
British Energy Companies Commit £5 Billion to Geothermal and Hydrogen Projects
Northern Ireland Debates Cross-Border Healthcare Partnership With the Republic of Ireland
UK Establishes National Artificial Intelligence Safety Centre With Leading Universities
UK Reports Decline in Small Boat Crossings After Expanding Intelligence Cooperation With France
Scottish Parliament Launches Inquiry Into Delays to Renewable Energy Projects
National Crime Agency Dismantles Alleged Multi-Million-Pound Money Laundering Network in London
Transport Strikes Disrupt Rail and Bus Services Across Northern England
United Kingdom and European Union Open New Security Dialogue on Defense and Border Cooperation
Bank of England Holds Interest Rates at 5% as Services Inflation Remains Elevated
UK Government Unveils Major National Health Service Reform Focused on Decentralization and Performance Funding
Government Advances New Airport Slot Rules to Ease Airline Operating Constraints
BBC Opens Flagship Science-Fiction Franchise to Competitive Production Bids
Chancellor Meets City Leaders Amid Concerns Over Gilt Market Liquidity
Rathbones Shares Fall Seventeen Percent After Regulatory Review Reveals Compliance Failings
United Kingdom Joins Group of Seven Initiative Using Artificial Intelligence and Quantum Computing for Cancer Research
Parliament Debates Doubling Tax Allowance for Pensioners After Major Public Petition
Measles Cases Exceed Seven Hundred in London and the West Midlands
British Military Leadership Faces Parliamentary Scrutiny After Defence Secretary's Sudden Resignation
House of Lords Begins Debate on Steel Industry Nationalisation Legislation
Parliament Advances Bill to Abolish NHS England and Create Single Patient Records
Parliament Fast-Tracks National Security Bill to Expand Powers Against Foreign Threats
United Kingdom and European Union Set July Summit to Deepen Post-Brexit Cooperation
United Kingdom Imposes Seventy New Sanctions on Russia and Expands Support for Ukraine's Nuclear Sector
United Kingdom Announces Social Media Ban for Children Under Sixteen
0British Government Investigates Reports of Russian Warship Firing Warning Shots Near Isle of Wight
UK Supreme Court Revises Legal Definition of Deprivation of Liberty
King’s Birthday Honours Recognise Contributions Across Science, Culture and Public Service
UK Ministry of Defence Reports Interdiction of Russian Shadow Fleet Vessel
UK and US Launch Joint Regulatory Programme for Medicines and Healthcare Products
Solicitor General Refers Murder Sentence to Court of Appeal Under Unduly Lenient Scheme
UK Launches £1.6 Million Mobile Museum Initiative to Expand Cultural Access
Judicial Pay Structure Undergoes Government Review Following Senior Recommendations
Government Confirms Nearly 180 New Youth Hubs Across the United Kingdom
UK Government Expands Careers Support Through Partnership with LinkedIn
Digital News Report Highlights Growing Global Concern Over AI and Information Overload
UK Chancellor Reaffirms Fiscal Discipline and Borrowing Reduction Strategy
UK Government Invests £219 Million in Sustainable Aviation Fuel Development
Rolls-Royce Small Modular Reactors Secures Major Swedish Export Contract
Government Confirms Locations for Nearly 180 Youth Hubs Across Great Britain
UK Government Partners with LinkedIn to Expand Employment Support Services
Reuters Institute Report Flags Rising Public Anxiety Over News and Information Overload
UK Government Commits £219 Million to Expand Sustainable Aviation Fuel Industry
Chancellor Convenes Market Engagement Group to Assess UK Economic Outlook and Productivity Risks
Rolls-Royce Wins Multibillion-Pound Swedish Contract for Small Modular Nuclear Reactors
Government to Ban Social Media Access for Under-Sixteens Across the United Kingdom
×