London Daily

Focus on the big picture.
Monday, Jun 22, 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
UK Expands Alcohol Ban Enforcement Using Tagging Technology Ahead of World Cup
UK Invests £50 Million in Critical Minerals Supply Chain Security
UK Appoints Special Envoy on Preventing Sexual Violence in Conflict
UK Introduces Fines for Landlords of Unsafe Rental Properties
Reform UK Leads Opinion Polls as Immigration Debate Reshapes UK Politics
Police Investigate Edinburgh Attacks as Potential Hate Crimes
King Charles to Publish Personal Tax and Royal Household Financial Records
Nottingham University Hospitals Maternity Inquiry Report Set for Publication
Heat-Health Alerts Issued Across London and Southern England Amid Rising Temperatures
UK Economy Shows Pressure From Middle East Conflict Despite Modest Growth
Brexit Anniversary Reignites Debate Over UK Economic and Political Direction
UK Parliament Continues Legislative Work Amid Leadership Transition
Financial Markets Hold Steady After UK Leadership Shake-Up
Andy Burnham Enters Labour Leadership Race With Strong Parliamentary Backing
Keir Starmer Resigns as UK Prime Minister After Two Years in Office
Reform UK MP Lee Anderson to Raise Pension Concerns Over British Coal Staff Superannuation Scheme
UK Parliament to Debate Newborn Screening for Spinal Muscular Atrophy Following Public Petition
Met Office Warns of Water Safety Risks During Heatwave as Temperatures Peak in England
Treasury Increases Mileage Allowance Payments for 2026–27 Tax Year to 55 Pence Per Mile
UK Government Raises Electricity Generator Levy to 55 Percent in New Revenue Measure
House of Lords Moves Financial Services and Markets Bill to Committee Stage Amid Regulatory Scrutiny
Westminster Hall to Debate Petition on Pro-Israel Influence in UK Politics
UK Parliament Prepares for Estimates Days Debates as Backbench Business Schedule Approved
Armed Forces Bill Nears Final Stages in UK House of Commons With Military Justice Reforms
Donald Trump Comments on UK Political Situation, Citing Immigration and Energy Policy Concerns
Andy Burnham By-Election Victory Fuels Speculation Over Potential Labour Leadership Contest
UK Economy Shows Resilience but Faces Headwinds from Middle East Tensions, UK Finance Says
UK Parliament Opens Week of Debates on Net Zero, Security and Armed Forces Reform
Met Office Issues Amber Extreme Heat Warning as Temperatures Expected to Reach 35C Across England and Wales
Prime Minister Keir Starmer Faces Mounting Leadership Pressure After Makerfield By-Election Defeat
London Hotel Wins World’s Best Afternoon Tea Award at International Hospitality Guide La Liste
Court of Appeal Rules in Favour of Competition and Markets Authority in Phenytoin Drug Case
Chichester Waste Site Suspended After Environment Agency Finds Serious Fire and Pollution Risks
UK Appoints Chris Elmore as Special Envoy on Preventing Sexual Violence in Conflict
Environment Agency Fines Yorkshire Firms Nearly £470,000 for Environmental Permit Breaches
British Chambers of Commerce Says Post-Brexit Trade Deals Have Limited Economic Impact
Resident Doctors to Vote on Government Pay Offer in Ongoing NHS Dispute
UK Public Borrowing Reaches £46.3 Billion in Early Fiscal Year, Driven by Debt Interest Costs
UK Government Unveils £100 Million Package to Strengthen Fire and Rescue Response Capacity
Bank of England Holds Interest Rates at 3.75 Percent Despite Easing Inflation
Met Office Extends Amber Heat Warning as Temperatures Forecast to Reach 38C Across Southern England
Prime Minister Keir Starmer Expected to Resign Amid Mounting Labour Party Pressure
UK Government Tightens Procurement Rules to Prioritise National Security and Supply Chain Resilience
National Drought Group Reviews Water Supply Risks After Dry Spring and Ongoing Heatwave
Andy Burnham Faces Leadership Speculation After Weak Local Election Results for Labour
Charity Commission Appoints Interim Managers to Barnabas Aid Amid Financial Investigation
Government Awards £27 Million Leonardo UK Contract to Maintain Military Aircraft Fleet
Environment Agency Suspends Chichester Waste Site Permit Over Fire and Pollution Risks
Border Force Seizes Record Cannabis Shipment in Major UK Criminal Network Disruption
Lloyds Banking Group to Hire 300 Artificial Intelligence Specialists in Digital Expansion Push
×