The UK’s top legal officer has stated that defense attorneys would have leveraged public statements by senior Conservative ministers to challenge the viability of espionage charges against two British nationals accused of spying for China.
Richard Hermer informed parliamentary investigators that legal representatives for Christopher Cash, a former parliamentary researcher, and Christopher Berry, a teacher, would have extensively referenced government policy positions had their trial proceeded. Both defendants had denied allegations under the 1911 Official Secrets Act, which required prosecutors to demonstrate that China qualified as an “enemy” state.
During testimony before the Joint Committee on the National Security Strategy, Hermer indicated that defense counsel would have highlighted public remarks by then-Foreign Secretary James Cleverly and Business Secretary Kemi Badenoch. These statements, he suggested, portrayed China in terms that contradicted the legal requirement to prove the nation was an “enemy.”
Hermer pointed to Cleverly’s 2023 Mansion House address, where the foreign secretary argued against characterizing China with single descriptors like “threat” or “adversary,” advocating instead for a “constructive but robust” bilateral relationship. Similarly, Badenoch had described China as a “challenge” rather than a “foe” following the defendants’ arrests.
The attorney general maintained that prosecutors “worked in good faith” but were constrained by “out of date” espionage legislation that has since been replaced by the 2023 National Security Act. He characterized the case collapse as an unfortunate consequence of legal framework limitations rather than prosecutorial failure.
Hermer expressed both surprise and disappointment at the decision to abandon the prosecution but rejected suggestions of improper ministerial interference as “baseless” and “disgraceful.”
The case’s termination has sparked debate about government consistency in addressing security threats. Critics have suggested that ambiguous official positioning regarding China’s status could complicate future espionage prosecutions, though Hermer affirmed that current legislation provides adequate tools to pursue credible national security threats.
