London Daily

Focus on the big picture.
Tuesday, Aug 25, 2026

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
Premier League Season Opens With Managerial Debuts and Dramatic Early Fixtures
England Cricket Drops Brydon Carse From Selection Pending Club Investigation
Graeme Dott Convicted of Child Sexual Abuse Offences in Scotland
Protesters Occupy British Aircraft Parts Factory Over Alleged Military Links to Israel
More Than 100 Former British and French Diplomats Call for Sanctions on Israel
Ipsos Poll Shows British Public Split Between Immigration Controls and Economic Growth
British Cybersecurity Agencies Raise Alert Over Growing Threats to Critical Infrastructure
Two-Thirds of England Now Under Official Drought Conditions After Prolonged Summer Heat
Institute of Directors Calls for Urgent Action to Revive Britain’s Stagnant Labour Market
Andy Burnham Visits Kyiv on First Foreign Trip and Pledges Continued British Support for Ukraine
New Daily Diabetes and Weight-Loss Pill Launches in UK Pharmacies
UK Payroll Employment Falls by 94,000 as Labour Market Cools
Onshore Wind Planning Applications in England Reach Ten-Year High After Rules Eased
UK Government Demands Social Media Platforms Remove Dangerous Driving Content After A66 Crash
Thames Water Creditors Face Backlash Over Proposed Corporate Restructuring
Twelve Arrested After Fatal A66 Crash Linked to Organised Crime Investigation
UK Household Energy Debt Could Reach £7 Billion by Year-End
UK Defence Ministry to Use Ukraine Battlefield Data to Train AI Security Systems
UK Government Redirects £4 Billion of Affordable Homes Funding Away From Social Housing
UK Government Borrowing Reaches £1.8 Billion in July, Exceeding Forecasts
UK Prime Minister Andy Burnham Pledges Advanced Missile Support for Ukraine
8Bank of England Holds Interest Rate at 3.75% as Middle East Energy Risks Rise
Prime Minister Andy Burnham to Give Ukraine Classified Storm Shadow Blueprints for Domestic Missile Production
UK Graduate Job Vacancies Plunge 45% to Lowest Levels on Record
Government Audit Reveals Pressure on UK Hospitality From Business Rates and Rising Costs
Kindertransport Survivor Prepares to Revisit European Sites Linked to Her Family’s Wartime Separation
Northern England Transport Operators Strengthen Contingency Plans as Travel Demand Rises
New Implant Trials Offer Treatment Prospects for Patients With Refractory Angina
South Wales Reviews Wildfire Response After Exceptionally Dry Summer
UK Treasury Prepares Autumn Fiscal Statement Amid Spending and Defense Pressures
Norfolk Records First Wild Beaver Births in More Than Five Hundred Years
Historic Portrait of Benjamin Disraeli Reported Missing From Parliament’s Art Collection
Five People, Including Police Officers, Killed in A66 Crash as Families Pay Tribute
Most English Secondary Schools Found to Fall Short of National Healthy Food Standards
UK Think Tank Says Productivity Growth May Be Stronger Than Official Data Shows
Reform Party Proposes Lower Social Housing Priority for Foreign-Born UK Citizens
UK Government Plans Business Rate Overhaul to Ease Pressure on Pubs and Hotels
New Daily Diabetes and Weight-Loss Pill Launches Across NHS Pharmacies in England
UK Graduate Job Vacancies Fall to Lowest Level in a Decade
UK Prime Minister Andy Burnham Visits Kyiv to Reaffirm Long-Term Military Support for Ukraine
Iranian Hackers Shut Down British Power Plant for Four Days in Landmark Cyber Attack
Novak Djokovic Reveals Relentless Self-Doubt and Rejects Retirement in New Documentary
Trump Imposes 50% Tariffs on Canadian Goods After Bilateral Trade Talks Collapse
First Bus Bars Unaccompanied Under-Sixteens From Evening Services in Stoke-on-Trent
Lithium-Ion Battery Fires Cost UK Waste Sector About One Billion Pounds a Year
Reform UK Proposes Lower Social Housing Priority for Foreign-Born Naturalised Citizens
UK Government Deploys AI Drones in Crackdown on Illegal Waste Dumping
EU Biometric Border Checks Cause Disruption for British Travellers and Freight Operators
UK Expands Voluntary Drug Treatment Programme for Sex Offenders to Twenty Prisons
CrossCountry Cancels Most Services After Major Power Failure at Control Centre
×