London Daily

Focus on the big picture.
Saturday, Aug 02, 2025

MI5 policy allowing agents to commit crimes was legal, say judges

MI5 policy allowing agents to commit crimes was legal, say judges

Human rights groups indicate they will seek to take case to supreme court after appeal court judgment
MI5’s partially secret policy of allowing agents to participate in serious crimes in pursuit of intelligence was legal, three court of appeal judges have concluded.

The judges held on Tuesday that MI5 was “not above the law” because the long-established power did not equate to an immunity from prosecution, in the latest step in a long-running legal case brought by four human rights groups.

At a hearing in the case in January government lawyers told a court that MI5 officers could in theory authorise an informer to carry out a murder if they were “an extremely hostile individual”.

But in its judgment the appeal court concluded any authorisation given by MI5 officers to informants would have been acceptable because the spy agency’s internal guidance said it could only apply proportionately.

The guidance, the judges stated, “stipulates that authorisation may only be given” where “the potential harm to the public interest from the criminal activity is outweighed by the benefit to the public interest derived from the anticipated information the agent may provide”.

As a result there was “a limit to what criminality may be authorised”.

Human rights groups indicated they would seek to appeal to the supreme court. Maya Foa, the director of Reprieve, said: “The idea that the government can authorise undercover agents to commit the most serious crimes, including torture and murder, is deeply troubling and must be challenged.”

Critics say agents operating in Northern Ireland have repeatedly been accused of colluding in murder, although bringing cases to court has proved complex. Last summer, prosecutors decided not to charge two former MI5 officers, among others, relating to cases involving an IRA informer, codenamed Stakeknife.

Priti Patel, the home secretary, said she was pleased the court of appeal had recognised “the vital role that undercover agents play in preventing and safeguarding victims from serious crimes”.

Home Office sources cited the case of Naa’imur Zakariyah Rahman, who was jailed for life in 2018 for plotting to kill the former prime minister Theresa May. He was caught following an undercover operation in which he was provided with what he thought was a jacket and rucksack packed with explosives.

The court battle applied to MI5’s previous policies, which date back to at least the 1950s. The agency says it is often necessary to allow informants to commit some crimes so their cover is not blown.

Fifteen months ago, a lower tribunal concluded that MI5’s informants policy was legal, but only narrowly, by three to two.

Ministers, concerned about the outcome of future legal challenges, introduced the covert human intelligence sources bill to put MI5’s policy on a statutory footing. Labour split on whether to oppose it, but the Conservatives’ Commons majority ensured it passed into law on 1 March.

However, the Scottish parliament formally rejected the bill, meaning the judgment of the court of appeal is potentially more significant there. Without the legislation, the spy agency is able to rely on the powers in the guidance upheld by the court of appeal as legal.
Newsletter

Related Articles

0:00
0:00
Close
Trump Threatens Canada with Tariffs Over Palestinian State Recognition
Trump Deploys Nuclear Submarines After Threats from Former Russian President Medvedev
Trump Sues Murdoch in “Heavyweight Bout”: Lawsuit Over Alleged Epstein Letter Sets Stage for Courtroom Showdown
Germany Enters Fiscal Crisis as Cabinet Approves €174 Billion in New Debt
Trump Administration Finalizes Broad Tariff Increases on Global Trade Partners
J.K. Rowling Limits Public Engagements Citing Safety Fears
JD.com Launches €2.2 Billion Bid for German Electronics Retailer Ceconomy
Azerbaijan Proceeds with Plan to Legalise Casinos on Artificial Islands
Former Judge Charged After Drunk Driving Crash Kills Comedian in Brazil
Jeff Bezos hasn’t paid a dollar in taxes for decades. He makes billions and pays $0 in taxes, LEGALLY
China Increases Use of Exit Bans Amid Rising U.S. Tensions
IMF Upgrades Global Growth Forecast as Weaker Dollar Supports Outlook
Procter & Gamble to Raise U.S. Prices to Offset One‑Billion‑Dollar Tariff Cost
House Republicans Move to Defund OECD Over Global Tax Dispute
Botswana Seeks Controlling Stake in De Beers as Anglo American Prepares Exit
Trump Administration Proposes Repeal of Obama‑Era Endangerment Finding, Dismantling Regulatory Basis for CO₂ Emissions Limits
France Opens Criminal Investigation into X Over Algorithm Manipulation Allegations
A family has been arrested in the UK for displaying the British flag
Mel Gibson refuses to work with Robert De Niro, saying, "Keep that woke clown away from me."
Trump Steamrolls EU in Landmark Trade Win: US–EU Trade Deal Imposes 15% Tariff on European Imports
ChatGPT CEO Sam Altman says people share personal info with ChatGPT but don’t know chats can be used as court evidence in legal cases.
The British propaganda channel BBC News lies again.
Deputy attorney general's second day of meeting with Ghislaine Maxwell has concluded
Controversial March in Switzerland Features Men Dressed in Nazi Uniforms
Politics is a good business: Barack Obama’s Reported Net Worth Growth, 1990–2025
Thai Civilian Death Toll Rises to 12 in Cambodian Cross-Border Attacks
TSUNAMI: Trump Just Crossed the Rubicon—And There’s No Turning Back
Over 120 Criminal Cases Dismissed in Boston Amid Public Defender Shortage
UN's Top Court Declares Environmental Protection a Legal Obligation Under International Law
"Crazy Thing": OpenAI's Sam Altman Warns Of AI Voice Fraud Crisis In Banking
The Podcaster Who Accidentally Revealed He Earns Over $10 Million a Year
Trump Announces $550 Billion Japanese Investment and New Trade Agreements with Indonesia and the Philippines
US Treasury Secretary Calls for Institutional Review of Federal Reserve Amid AI‑Driven Growth Expectations
UK Government Considers Dropping Demand for Apple Encryption Backdoor
Severe Flooding in South Korea Claims Lives Amid Ongoing Rescue Operations
Japanese Man Discovers Family Connection Through DNA Testing After Decades of Separation
Russia Signals Openness to Ukraine Peace Talks Amid Escalating Drone Warfare
Switzerland Implements Ban on Mammography Screening
Japanese Prime Minister Vows to Stay After Coalition Loses Upper House Majority
Pogacar Extends Dominance with Stage Fifteen Triumph at Tour de France
CEO Resigns Amid Controversy Over Relationship with HR Executive
Man Dies After Being Pulled Into MRI Machine Due to Metal Chain in New York Clinic
NVIDIA Achieves $4 Trillion Valuation Amid AI Demand
US Revokes Visas of Brazilian Corrupted Judges Amid Fake Bolsonaro Investigation
U.S. Congress Approves Rescissions Act Cutting Federal Funding for NPR and PBS
North Korea Restricts Foreign Tourist Access to New Seaside Resort
Brazil's Supreme Court Imposes Radical Restrictions on Former President Bolsonaro
Centrist Criticism of von der Leyen Resurfaces as she Survives EU Confidence Vote
Judge Criticizes DOJ Over Secrecy in Dropping Charges Against Gang Leader
Apple Closes $16.5 Billion Tax Dispute With Ireland
×