London Daily

Focus on the big picture.
Friday, Jun 12, 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
NHS Trust Secures Funding for AI Tool to Detect Heart Failure Earlier
Government Unveils £4.5 Billion Investment Plan for Walking and Cycling Infrastructure
Nationwide Reports UK House Prices Falling as Borrowing Costs Remain Elevated
Centre for Social Justice Says Two Million Britons Are Using Illegal Loan Sharks
UK Carmakers Warn EU Local Content Rules Could Damage British Manufacturing
UK Government Imposes Emergency Ban on Seven Potent Synthetic Opioids
Royal Navy Completes Major North Atlantic Anti-Submarine Exercise Off Norway
NHS Figures Show Nearly 3,000 Patients a Day Receiving Care in Hospital Corridors
CBI Cuts UK Growth Forecast as Middle East Tensions Drive Inflation Risks Higher
Dan Jarvis Appointed UK Defence Secretary Following Major Government Reshuffle
University College London Study Links Physical Punishment to Higher Risk of Bullying
East Midlands Railway Unveils First Refurbished Train in £60 Million Modernization Programme
RNLI Issues National Water Safety Appeal Ahead of Expected Heatwave
Climate Change Raises Subsidence Risks for Millions of Homes Across Southeast England
Manchester Advances Plans for Underground Piccadilly Station With £1 Million Funding Commitment
Anti-Immigration Violence Continues in Belfast Amid Heightened Security Concerns
UK Law Locks Great British Railways Into Public Ownership
Office for National Statistics Adopts Supermarket Checkout Data for Inflation Measurement
Applied Atomics Launches With $500 Million Space Infrastructure Order Book
BYD Plans Nationwide Rollout of Ultra-Fast EV Charging Network
UK House Prices Unexpectedly Fall in May
CBI Warns UK Growth Is Becoming Increasingly Dependent on Public Spending
Makerfield By-Election Fuels Speculation Over Labour’s Future Leadership
Britain Declines to Join EU SAFE Defence Fund
UK Unveils 2040 Emissions Target Despite Strong Political Opposition
Government Orders Full Review of Palantir’s NHS Data Contract
UK Borrowing Costs Climb as Markets Price in Further Bank of England Rate Rises
Resident Doctors Confirm Five-Day NHS Strike Across England
Violent Anti-Immigrant Riots in Belfast Spark Political and Diplomatic Tensions
United Kingdom Sees Recovery in Horizon Europe Research Funding Share to 9.3 Percent
UK Inflation Holds at 2.8 Percent as Office for Budget Responsibility Flags Persistent Price Pressures
United Kingdom Launches National Anti-Fraud Framework to Combat Rising Pension Scam Losses
United Kingdom Expands Sanctions on Israeli Groups While Funding Palestinian Authority Salaries and Gaza Mine Clearance
United Kingdom Issues Three-Month Ultimatum to Major Technology Firms Over Child Online Safety Controls
United Kingdom Government Moves Toward Blanket Social Media Ban for Children Under Sixteen
Widespread Anti-Immigration Rioting Erupts Across Belfast After Knife Attack Linked to Asylum Seeker
Farmers Warn of Crop Losses Following Months of Unseasonal Rainfall
Civil Aviation Authority Launches Review of Regional Airport Operations
Met Office Issues Heat-Health Alert Across Parts of England
National Grid Introduces New Measures to Protect Winter Energy Supply
Northern England Rail Upgrades Receive Additional Government Funding
Wales Advances Green Hydrogen Strategy to Decarbonize Heavy Industry
UK Expands Recruitment Incentives to Address Shortage of STEM Teachers
High Court Opens Door to Climate Liability Claims Against Major Industrial Emitters
Police Service of Northern Ireland Investigates Major Personnel Data Breach
Defense Ministry Overhauls Procurement System to Accelerate AUKUS Submarine Program
Net Migration Remains Above Government Expectations, New Data Shows
UK and Scottish Governments Agree Framework for Expanded North Sea Wind Development
UK Treasury Launches New Tax Incentives to Boost AI and Semiconductor Investment
Bank of England Signals Continued Caution on Interest Rate Cuts
×