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The UK government is under scrutiny following the abrupt collapse of a high-profile espionage case involving two men accused of spying for China. Just weeks before their trial was due to begin, prosecutors dropped the charges unexpectedly in September 2024, igniting a heated political debate over responsibility for the failure. The circumstances surrounding the case are complex, involving legal challenges and political disagreements about national security policy and evidential requirements.
The two individuals at the center of the case, Christopher Cash, a former parliamentary researcher, and Christopher Berry, an academic, were charged under the Official Secrets Act in April 2024. They faced allegations of passing sensitive state-related information to a Chinese intelligence operative from December 2021 until February 2023. This information was allegedly passed further to a senior official in the Chinese Communist Party. Both men have consistently denied the accusations against them.
According to the Crown Prosecution Service (CPS), the case fell apart because crucial evidence defining China as a national security threat at the relevant times could not be provided by the government. Stephen Parkinson, Director of Public Prosecutions, explained that attempts to secure additional governmental evidence spanned several months, but witness statements failed to meet the prosecutorial threshold. Although sufficient evidence existed at the time charges were filed, a legal precedent established earlier in the year required that China be officially designated as a “threat to national security” during the period of the alleged offenses. This legal nuance played a key role in the prosecution’s decision to drop the case, though some legal experts have questioned the necessity of such evidence.
Politically, the decision to halt the trial has led to significant contention. The government has maintained that the CPS made the decision independently, without ministerial interference, expressing frustration at the collapse. Prime Minister Sir Keir Starmer shifted some blame onto the previous Conservative government, which was in power when the alleged espionage occurred, arguing that under that administration China was not formally considered a national security threat. However, Conservative leader Kemi Badenoch countered by referencing instances where Tory ministers had labeled China a threat, also pointing to official documents that supported this characterization. Former senior officials in security and law also challenged the government’s stance, while the Tories accused the current government of withholding evidence necessary for conviction and suggested possible interference by the Prime Minister’s national security adviser. The government denied such claims, confirming that deputy national security adviser Matthew Collins, a civil servant, provided witness statements without ministerial or adviser interference. These statements, released publicly after opposition pressure, portrayed China as a major state threat but also emphasized the need for a balanced diplomatic approach.
Collins’ witness statements acknowledged China as “the biggest state-based threat to the UK’s economic security,” highlighting extensive espionage activities. Yet, they also underscored a government commitment to maintaining a constructive relationship with China, describing a strategy of cooperation, competition, and challenge where national security demands. The Conservative Party pointed out that some language in these statements appeared directly taken from Labour’s 2024 election manifesto and questioned whether advisers influenced this phrasing—a suggestion denied by the government. Critics of the CPS argued there remained enough evidence for the case to proceed to trial, further complicating the legal and political discourse.
Concerns about future cases have also been raised. A report from the Joint Committee on the National Security Strategy identified “serious systemic failures” in the handling of this case, emphasizing that such issues should not be seen as isolated incidents. The committee found no proof of a coordinated conspiracy to undermine the prosecution but criticized the government and CPS for “confusion,” poor communication, and flawed decision-making processes. While acknowledging that the case could have been jeopardized if Collins had refused to describe China as an active threat, the committee felt the CPS overlooked common interpretations of the evidence that suggested an active threat existed. They recommended establishing formal processes to better coordinate sensitive cases involving the Cabinet Office, security agencies, and the CPS, including a structured case conference before charges are brought, to prevent similar problems.
This episode is particularly problematic for the government amid its broader strategy towards China. Since the last general election, Labour has sought to deepen trade relations with China as part of its economic growth agenda. The Prime Minister reaffirmed this policy at the Lady Mayor’s banquet, emphasizing protection of national security while pursuing economic cooperation in sectors like finance, pharmaceuticals, and creative industries. This stance contrasts with alerts issued by MI5 about extensive Chinese espionage targeting MPs and parliamentary staff through fabricated LinkedIn profiles—a claim strongly denied by the Chinese embassy. Additionally, plans remain under consideration for a new Chinese embassy near the City of London, close to sensitive fiber optic infrastructure. The approval of the so-called “mega embassy” has faced delays and is now expected early next year, raising ongoing security concerns within the UK government and intelligence community
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