London Daily

Focus on the big picture.
Friday, Jul 10, 2026

MI5 can 'authorise informants to murder, torture and kidnap'

MI5 can 'authorise informants to murder, torture and kidnap'

There are ‘no limits’ to the crimes MI5 can authorise its informants to commit, potentially including murder, kidnap and torture, the Court of Appeal has heard.

Four human rights organisations are challenging a previously secret policy under which MI5 ‘purports to authorise its agents to participate in serious crimes’ in the UK.

Privacy International, Reprieve, the Committee on the Administration of Justice and the Pat Finucane Centre say the policy effectively ‘grants immunity to agents and their handlers’.

They have taken legal action against MI5, also known as the Security Service, and MI6, as well as the Foreign Office, Home Office and GCHQ and argue there is ‘no lawful basis for the policy’ – which has been in place ‘since at least the 1990s’.

In December 2019, the Investigatory Powers Tribunal (IPT) held by a 3-2 majority that MI5 does have the power to authorise the commission of criminal offences by informants.

Opening appeal against that ruling, Ben Jaffey QC said: ‘This appeal raises an important issue of principle: can intelligence agencies operate a policy under which they authorise and permit, indeed encourage, their agents to commit criminal offences?’

He told the Court of Appeal that ‘there are no limits to what crimes can be authorised, at least on the partial version of the policy that is currently public’.

Mr Jaffey argued that ‘the practical effect of the policy’ is to grant immunity from the criminal law because the crimes are ‘authorised and conducted in secret, and withheld from the police and prosecutors’.

He said the guidelines for those handling ‘agents’ – who are not MI5 officers ‘but are recruited and receive instructions from MI5’ – ‘expressly permits officers to encourage, counsel and procure crime, providing that an authorisation under the guidelines has been issued’.

Mr Jaffey added: ‘There is nothing in the guidelines prohibiting the Security Service from authorising killing, torture or inhuman and degrading treatment, or deprivation of liberty.’

He also referred to the Covert Human Intelligence Sources (Criminal Conduct) Bill, which would allow informants to break the law and is currently before Parliament.

Mr Jaffey said the decision to put the policy under challenge into law showed the Government ‘has tacitly accepted the need for legislation to remedy the position’, despite maintaining that the policy is lawful.

Sir James Eadie QC, representing the Government, is expected to begin his submissions on Tuesday afternoon.

In the IPT’s ruling, the tribunal’s president Lord Justice Singh said MI5 has ‘an implied power’ under the Security Service Act 1989 ‘to engage in the activities which are the subject of the policy under challenge’.

He found that preventing MI5 from embedding an informant in a proscribed terrorist organisation because they would be committing a criminal offence ‘would strike at the core activities of the Security Service’.

Lord Justice Singh added that ‘this does not mean that (MI5) has any power to confer immunity from liability under either the criminal law or the civil law’.

Newsletter

Related Articles

0:00
0:00
Close
Severe Heatwave Drives Dangerous Ground-Level Ozone Pollution Across Two Thirds of European Union
Westminster in Freefall as Farage's By-Election Gamble Triggers Broader Systemic Crises
Institutional Fractures and Political Volatility Reshape Britain's Domestic Landscape
Deadly Fire, Health Emergencies and Political Upheaval Shape a Volatile Global News Cycle
Flight Instructor Jumped to His Death — Student Landed the Plane: "You Know What You Need to Do"
The Physical and Electronic Barriers Disrupting Domestic Wireless Networks
France and Morocco Open World Cup Quarter-Finals as Collina Defends Refereeing
Prince Harry Suffers Major Court Defeat in Legal Battle Against Daily Mail Publisher
Bonnie Tyler, Welsh Singer Behind Total Eclipse of the Heart, Dies at 75
Barclays and PwC Report Examines Economic Opportunities from Financial Asset Tokenisation
Pound Sterling Strengthens as Investors Anticipate Further Bank of England Rate Increases
British Business Bank Invests Twenty-Seven Million Pounds in Kraken Technology Defence Expansion
UK Business Secretary Peter Kyle Backs State Investment Strategy Inspired by US Approach
UK Electricity System Issues Margin Notice as Heatwave Tightens Evening Supply Outlook
Labour Leadership Contest Opens as Andy Burnham Emerges as Expected Sole Candidate
Tech Pulse: The Future of AI and Screen Culture
Global News Briefing: Escalating Geopolitical Tensions and Corporate Shakeups
Global News Brief: Escalating Conflicts, Public Health Crises, and World Cup Drama
Rare Early Copy of US Declaration of Independence Found in British Archive
Cornish Language Revival Gains Momentum Through Schools and Community Programs
UK Authorities Face Criticism Over Prisoner Early Release Safeguards
Clacton By-Election Set After Nigel Farage Resigns Seat to Trigger Contest
Government Agencies Review Long-Term Fiscal Risks from Aging Population and Low Productivity
UK Heatwaves Expose Pressure on Public Transport and Housing Infrastructure
UK Government Prepares Welfare Review Amid Debate Over Personal Independence Payment Reform
UK Government Expands Rapid Endometriosis Testing Across NHS Services
Vistry Group Issues Profit Warning as UK Housing Market Faces Continued Pressure
Virgin Media Receives Record Twenty-Eight Million Pound Fine Over Contract Cancellation Failures
Office for Budget Responsibility Warns UK Public Finances Face Long-Term Pressure
UK Watchdog Warns Regional Income Gap Has Barely Narrowed in Three Decades
IMF Raises United Kingdom Growth Forecast as Inflation and Energy Pressures Ease
UK Government Launches Regulatory Reform Bill to Speed Up Commercialization of Innovation
Prince Harry Loses Privacy Lawsuit Against Daily Mail Publisher After High Court Rejects Claims
Federal Financial Framework Shifts as Treasury Launches Universal Savings Program for Minors
Jet2 Reports Strong Summer Travel Demand as Bookings Rise Seven Percent
Prince Harry Loses High Court Privacy Case Against Daily Mail Publisher
British Universities Warn Against Potential European Union Tuition Fee Changes
Heal Fertility Clinic Investigated After Embryo Biopsy Sample Mix-Up
Resolution Foundation Warns Regional Income Divide Has Barely Improved Since 1997
British Markets Remain Cautious as Middle East Tensions Rise and Government Transition Nears
Andy Burnham Poised to Become United Kingdom Prime Minister in Expected Political Transition
Nigel Farage Resigns as Member of Parliament Ahead of By-Election Amid Funding Investigation
Trump Declares Iran Ceasefire Over After Renewed Attacks on United States Bases
French Court Allows Le Pen to Run for Presidency, but with an Electronic Tag: "I Will Appeal, and I Will Run"
$1.4 Trillion: The Lawsuit That Could Crush Meta
Europe's Growing Struggle with Extreme Heat and Air Conditioning
UK Daily Briefing: Legal Developments and Social Issues
Political Turmoil and Rising Costs
Anthropic Reengineers Agentic Architecture to Shift Autonomous Workplace Automation to the Cloud
Logic Flaw in Windows 11 Permission Architecture Silently Consumes Hundreds of Gigabytes of Local Storage
×