London Daily

Focus on the big picture.
Wednesday, Dec 03, 2025

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
UK Plans Major Cutback to Jury Trials as Crown Court Backlog Nears 80,000
UK Government to Significantly Limit Jury Trials in England and Wales
U.S. and U.K. Seal Drug-Pricing Deal: Britain Agrees to Pay More, U.S. Lifts Tariffs
UK Postpones Decision Yet Again on China’s Proposed Mega-Embassy in London
Head of UK Budget Watchdog Resigns After Premature Leak of Reeves’ Budget Report
Car-sharing giant Zipcar to exit UK market by end of 2025
Reports of Widespread Drone Deployment Raise Privacy and Security Questions in the UK
UK Signals Security Concerns Over China While Pursuing Stronger Trade Links
Google warns of AI “irrationality” just as Gemini 3 launch rattles markets
Top Consultancies Freeze Starting Salaries as AI Threatens ‘Pyramid’ Model
Macron Says Washington Pressuring EU to Delay Enforcement of Digital-Regulation Probes Against Meta, TikTok and X
UK’s DragonFire Laser Downs High-Speed Drones as £316m Deal Speeds Naval Deployment
UK Chancellor Rejects Claims She Misled Public on Fiscal Outlook Ahead of Budget
Starmer Defends Autumn Budget as Finance Chief Faces Accusations of Misleading Public Finances
EU Firms Struggle with 3,000-Hour Paperwork Load — While Automakers Fear De Facto 2030 Petrol Car Ban
White House launches ‘Hall of Shame’ site to publicly condemn media outlets for alleged bias
UK Budget’s New EV Mileage Tax Undercuts Case for Plug-In Hybrids
UK Government Launches National Inquiry into ‘Grooming Gangs’ After US Warning and Rising Public Outcry
Taylor Swift Extends U.K. Chart Reign as ‘The Fate of Ophelia’ Hits Six Weeks at No. 1
250 Still Missing in the Massive Fire, 94 Killed. One Day After the Disaster: Survivor Rescued on the 16th Floor
Trump: National Guard Soldier Who Was Shot in Washington Has Died; Second Soldier Fighting for His Life
UK Chancellor Reeves Defends Tax Rises as Essential to Reduce Child Poverty and Stabilise Public Finances
No Evidence Found for Claim That UK Schools Are Shifting to Teaching American English
European Powers Urge Israel to Halt West Bank Settler Violence Amid Surge in Attacks
"I Would Have Given Her a Kidney": She Lent Bezos’s Ex-Wife $1,000 — and Received Millions in Return
European States Approve First-ever Military-Grade Surveillance Network via ESA
UK to Slash Key Pension Tax Perk, Targeting High Earners Under New Budget
UK Government Announces £150 Annual Cut to Household Energy Bills Through Levy Reforms
UK Court Hears Challenge to Ban on Palestine Action as Critics Decry Heavy-Handed Measures
Investors Rush Into UK Gilts and Sterling After Budget Eases Fiscal Concerns
UK to Raise Online Betting Taxes by £1.1 Billion Under New Budget — Firms Warn of Fallout
Lamine Yamal? The ‘Heir to Messi’ Lost to Barcelona — and the Kingdom Is in a Frenzy
Warner Music Group Drops Suit Against Suno, Launches Licensed AI-Music Deal
HP to Cut up to 6,000 Jobs Globally as It Ramps Up AI Integration
MediaWorld Sold iPad Air for €15 — Then Asked Customers to Return Them or Pay More
UK Prime Minister Sir Keir Starmer Promises ‘Full-Time’ Education for All Children as School Attendance Slips
UK Extends Sugar Tax to Sweetened Milkshakes and Lattes in 2028 Health Push
UK Government Backs £49 Billion Plan for Heathrow Third Runway and Expansion
UK Gambling Firms Report £1bn Surge in Annual Profits as Pressure Mounts for Higher Betting Taxes
UK Shares Advance Ahead of Budget as Financials and Consumer Staples Lead Gains
Domino’s UK CEO Andrew Rennie Steps Down Amid Strategic Reset
UK Economy Stalls as Reeves Faces First Budget Test
UK Economy’s Weak Start Adds Pressure on Prime Minister Starmer
UK Government Acknowledges Billionaire Exodus Amid Tax Rise Concerns
UK Budget 2025: Markets Brace as Chancellor Faces Fiscal Tightrope
UK Unveils Strategic Plan to Secure Critical Mineral Supply Chains
UK Taskforce Calls for Radical Reset of Nuclear Regulation to Cut Costs and Accelerate Build
UK Government Launches Consultation on Major Overhaul of Settlement Rules
Google Struggles to Meet AI Demand as Infrastructure, Energy and Supply-Chain Gaps Deepen
Car Parts Leader Warns Europe Faces Heavy Job Losses in ‘Darwinian’ Auto Shake-Out
×