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High Court Declines Contempt Action Over MI5’s False Evidence

Police and prosecutors must first consider any criminal charges to avoid duplicating the deputy investigatory powers commissioner's report.

Overview

  • The High Court ruled on Tuesday that it would not be in the public interest to begin contempt of court proceedings against MI5, its director general Sir Ken McCallum or individual officers.
  • The case stems from a 2022 injunction obtained with MI5 evidence that later proved false and blocked the BBC from identifying a covert source known as 'Agent X'.
  • A July report by Deputy Investigatory Powers Commissioner Sir John Goldring found serious and systemic failings at MI5 and concluded one officer lied about their role in the matter.
  • Judges said any criminal inquiry should be considered first by police and the Crown Prosecution Service because contempt proceedings would likely duplicate Goldring’s findings.
  • MI5 has admitted the error, paid compensation and apologised to victims, while Agent X remains publicly unidentified and is believed to have left the UK.