Deep-rooted shortcomings that led to the collapse of a China espionage prosecution may be repeated without major overhauls, a committee of MPs has warned.
Findings Highlights "Disorderly" Handling
A report by the Parliamentary Committee on the National Security Strategy declared "shambolic" administration resulted in prosecutors discontinuing charges against Christopher Cash and Christopher Berry, who were charged with transferring confidential documents to a Chinese spy.
Both men continue to affirm their innocence.
"Botching comparable future trials will 'erode public trust'," stated committee chair the Labour MP.
Prosecution Collapse and Debate
Mr Cash, a former researcher for MPs, and China-based scholar Mr Berry, were both charged under the espionage law in spring 2024.
He worked for two influential critics of China, Tom Tugendhat, then chair of the Foreign Affairs Committee, and Alicia Kearns, who later held the same role.
The Crown Prosecution Service (CPS) said the trial failed after a high-ranking adviser, the deputy adviser, declined to designate China an "enemy" at the point of the reported offences.
However, the panel indicated they were "taken aback" by the prosecution's decision, proposing it could have been "left to the court".
Findings of the Inquiry
The committee determined there was no "orchestrated top-level campaign" to sabotage or obstruct the trial.
Conversely, it was marred by "disorderly" mismanagement and "uncertainty and divergent presumptions".
- Communications between the CPS and ministers were "inadequate".
- An lengthy postponement in acquiring a crucial witness statement remains without explanation.
- The report also rejected the administration's assertion that analogous prosecutions in the future under the recent law would not fail.
"The committee urges the government to avoid portraying the collapse of this prosecution as a unique oddity created solely by old legislation," the document read.
Calls for Change
The committee recommends the government to look at bringing in wide-ranging changes within half a year to prevent a repeat.
- The position and accountability of the key official — which had been left "cut off and exposed" — must be promptly reviewed and reformed.
- Liaison between the CPS and the government must also be "examined and improved at pace".
- In later prosecutions, every espionage matter must establish a formal conference within 30 days of charge to spot problems in the case early.
- Greater "clarity" must be given on whether official advisers are offering policy guidance or evidence.
The committee chair commented: "Since the global geopolitical environment becomes more tense, delicate national security cases will arise with increasing frequency.
"Authorities must show the citizens that it is confident in standing up to opponents when necessary: inability to do so will corrode the public's trust in our system."
