A high-profile espionage case in the United Kingdom collapsed because prosecutors could not establish a fundamental legal requirement, according to official testimony presented to parliament. The prosecution’s inability to proceed stemmed from the government’s unwillingness to formally designate China as a national security threat during the relevant period.
Senior legal officials testified that the case could not proceed without evidence confirming China’s status as a threat under the Official Secrets Act. The director of public prosecutions stated that despite extensive documentation about security concerns, the absence of this specific designation meant “all routes were closed” for continuing the prosecution.
The senior civil servant who prepared the government’s evidence acknowledged that while his statements detailed multiple security concerns regarding China’s activities, he could not characterize China as a generic threat because that position did not reflect government policy between 2021 and 2023. He expressed surprise that prosecutors determined this limitation necessitated dropping the charges against two British nationals accused of espionage.
Legal representatives maintained that without the specific threat designation, defense attorneys could have successfully argued there was no case to answer, preventing the matter from ever reaching a jury. The testimony revealed disagreements about when various parties became aware the case might collapse, with prosecutors indicating they raised concerns weeks before the final decision.
When questioned about policy differences between the current and previous governments regarding China, the civil servant described variations in language and emphasis rather than fundamental strategic changes. Both administrations, he noted, sought to maintain engagement with China while addressing security concerns.
The case’s collapse has prompted parliamentary scrutiny and highlighted the complex intersection of legal requirements, government policy, and national security prosecutions.
