When National Security Meets Legal Hurdles: The Unraveling of a Major Spy Case

A mysterious collapse of a high-profile spy case against two men, Christopher Cash and Christopher Berry, accused of spying for China, has raised serious concerns about national security definitions and legal thresholds. The Director of Public Prosecutions (DPP), Stephen Parkinson, revealed that the case fell apart because the government did not label China as a national security threat at the time of the alleged crimes, which stymied further prosecution efforts.

Background: Cash and Berry were arrested in March 2023, suspected of gathering sensitive information prejudicial to the UK’s state security between December 2021 and February 2023. Initially, there was enough evidence to press charges in April 2024, but subsequent legal precedents, particularly a recent ruling involving Bulgarian spies for Russia, raised the standard of evidence required under the Official Secrets Act. In that instance, prosecutors needed to establish that China posed a direct threat to the UK during the timeframe of the alleged offences, a condition that was not satisfied.

Parkinson noted that attempts to secure additional evidence demonstrating China’s threat level were ongoing but ultimately unfruitful. Critics, including leading figures like Sir Keir Starmer, expressed frustration, emphasizing that the government’s assessment of China as an