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UK Watchdog Probes Collapse of China Spy Case as Pressure Builds Over Withheld Evidence Claims

The terrorism laws reviewer has opened an inquiry into the CPS account of why the prosecution failed.

Overview

  • Prosecutors dropped the case against Christopher Cash and Christopher Berry on 15 September after the CPS said the government did not provide evidence that China was a national security threat at the time of the alleged offences.
  • Prime Minister Keir Starmer said no ministers were involved in decisions on evidence and argued any trial had to reflect the 2021–23 position under the previous government, a stance he reiterated during his visit to India.
  • Former top civil servants Simon Case and Lord Mark Sedwill publicly questioned the explanation, saying China was clearly a threat, while legal experts challenged the idea that an Official Secrets Act case required a formal ‘enemy’ designation.
  • Jonathan Hall KC, the independent reviewer of terrorism and state threats legislation, said the public explanation is inadequate, confirmed he is investigating, and stated that China is a threat to UK national security.
  • Media reports said Treasury concerns about trade influenced a decision to fold details of a cross‑Whitehall ‘China audit’ into a broader strategy, and the opposition’s Chris Philp claimed multiple contemporaneous documents showing a China threat were available but not disclosed to the CPS.