London Daily

Focus on the big picture.
Thursday, Jan 08, 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 Data Watchdog Probes Elon Musk’s X Over AI-Generated Grok Images Amid Surge in Non-Consensual Outputs
Prince Harry to Return to UK for Court Hearing Without Plans to Meet King Charles III
UK Confirms Support for US Seizure of Russian-Flagged Oil Tanker in North Atlantic
Béla Tarr, Visionary Hungarian Filmmaker, Dies at Seventy After Long Illness
UK and France Pledge Military Hubs Across Ukraine in Post-Ceasefire Security Plan
Prince Harry Poised to Regain UK Security Cover, Clearing Way for Family Visits
UK Junk Food Advertising Ban Faces Major Loophole Allowing Brand-Only Promotions
Maduro’s Arrest Without The Hague Tests International Law—and Trump’s Willingness to Break It
German Intelligence Secretly Intercepted Obama’s Air Force One Communications
The U.S. State Department’s account in Persian: “President Trump is a man of action. If you didn’t know it until now, now you do—do not play games with President Trump.”
Fake Mainstream Media Double Standard: Elon Musk Versus Mamdani
HSBC Leads 2026 Mortgage Rate Cuts as UK Lending Costs Ease
US Joint Chiefs Chairman Outlines How Operation Absolute Resolve Was Carried Out in Venezuela
Starmer Welcomes End of Maduro Era While Stressing International Law and UK Non-Involvement
Korean Beauty Turns Viral Skincare Into a Global Export Engine
UK Confirms Non-Involvement in U.S. Military Action Against Venezuela
UK Terror Watchdog Calls for Australian-Style Social Media Ban to Protect Teenagers
Iranian Protests Intensify as Another Revolutionary Guard Member Is Killed and Khamenei Blames the West
Delta Force Identified as Unit Behind U.S. Operation That Captured Venezuela’s President
Europe’s Luxury Sanctions Punish Russian Consumers While a Sanctions-Circumvention Industry Thrives
Berkshire’s Buffett-to-Abel Transition Tests Whether a One-Man Trust Model Can Survive as a System
Fraud in European Central Bank: Lagarde’s Hidden Pay Premium Exposes a Transparency Crisis at the European Central Bank
Trump Announces U.S. Large-Scale Strike on Venezuela, Declares President Maduro and Wife Captured
Tesla Loses EV Crown to China’s BYD After Annual Deliveries Decline in 2025
UK Manufacturing Growth Reaches 15-Month Peak as Output and Orders Improve in December
Beijing Threatened to Scrap UK–China Trade Talks After British Minister’s Taiwan Visit
Newly Released Files Reveal Tony Blair Pressured Officials Over Iraq Death Case Involving UK Soldiers
Top Stocks and Themes to Watch in 2026 as Markets Enter New Year with Fresh Momentum
No UK Curfew Ordered as Deepfake TikTok Falsely Attributes Decree to Prime Minister Starmer
Europe’s Largest Defence Groups Set to Return Nearly Five Billion Dollars to Shareholders in Twenty Twenty-Five
Abu Dhabi ‘Capital of Capital’: How Abu Dhabi Rose as a Sovereign Wealth Power
Diamonds Are Powering a New Quantum Revolution
Trump Threatens Strikes Against Iran if Nuclear Programme Is Restarted
Apple Escalates Legal Fight by Appealing £1.5 Billion UK Ruling Over App Store Fees
UK Debt Levels Sit Mid-Range Among Advanced Economies Despite Rising Pressures
UK Plans Royal Diplomacy with King Charles and Prince William to Reinvigorate Trade Talks with US
King Charles and Prince William Poised for Separate 2026 US Visits to Reinforce UK-US Trade and Diplomatic Ties
Apple Moves to Appeal UK Ruling Ordering £1.5 Billion in Customer Overcharge Damages
King Charles’s 2025 Christmas Message Tops UK Television Ratings on Christmas Day
The Battle Over the Internet Explodes: The United States Bars European Officials and Ignites a Diplomatic Crisis
Princesses Beatrice and Eugenie Join Royal Family at Sandringham Christmas Service
Fine Wine Investors Find Little Cheer in Third Year of Falls
UK Mortgage Rates Edge Lower as Bank of England Base Rate Cut Filters Through Lending Market
U.S. Supermarket Gives Customers Free Groceries for Christmas After Computer Glitch
Air India ‘Finds’ a Plane That Vanished 13 Years Ago
Caviar and Foie Gras? China Is Becoming a Luxury Food Powerhouse
Hong Kong Climbs to Second Globally in 2025 Tourism Rankings Behind Bangkok
From Sunniest Year on Record to Terror Plots and Sports Triumphs: The UK’s Defining Stories of 2025
Greta Thunberg Released on Bail After Arrest at London Pro-Palestinian Demonstration
Banksy Unveils New Winter Mural in London Amid Festive Season Excitement
×