MPs caution that China spy trial failures may reoccur

A parliamentary committee has cautioned that without substantial reforms, the systemic errors that caused the failure of a high-profile China spy trial could happen again. The Joint Committee on the National Security Strategy described the handling of the case as "chaotic," which resulted in the prosecution dropping charges against Chris Cash and Chris Berry, accused of sharing sensitive information with a Chinese intelligence officer.

Although some critics suggested the government may have allowed the case to fail to protect trade relations with China, the report found no evidence of a deliberate attempt to sabotage the trial. Committee chair Matt Western emphasized that mishandling similar cases in the future could "erode public confidence."

The case involved Mr. Cash, a former parliamentary researcher, and Mr. Berry, a China-based academic, both charged under the Official Secrets Act in April 2024. Mr. Cash had worked for MPs Tom Tugendhat and Alicia Kearns, both known for their scrutiny of China. The Crown Prosecution Service (CPS) stated that the trial collapsed after Deputy National Security Adviser Matthew Collins declined to label China as an "enemy" at the time of the alleged offenses. The MPs committee, however, expressed surprise at the CPSs decision, suggesting the evidence might still have been considered by a jury.

The committee concluded that the trials collapse was not due to a coordinated high-level effort but rather a result of "disorganized" management and "confusion and mismatched expectations." Communication between the CPS and the government was described as "insufficient," and the eight-month delay in obtaining a second witness statement remains unexplained.

The report also rejected the governments assertion that future espionage trials under the National Security Act 2023 would be secure. The law, introduced by the previous Conservative government, lowered the threshold for prosecution from aiding an "enemy" to offences involving foreign powers, covering threats like cyberattacks.

"The failure of the Cash/Berry trial should not be dismissed as a one-off caused solely by outdated legislation," the report stated. Western, a Labour MP, added, "As global security risks rise, sensitive national security cases will become more frequent. The government must prove it can stand up to adversaries, or public trust in institutions will suffer."

The committee urges sweeping reforms within six months to avoid repeating these mistakes. It recommends a full review of the DNSA role, which was left "isolated and exposed," and calls for urgent improvements in CPS-government communications. Future espionage trials should include a formal conference within 30 days of charge, involving prosecutors, investigators, government witnesses, and law officers to identify evidence weaknesses early. Greater clarity must also be provided regarding whether government witnesses are offering policy context or evidential testimony.

Author: Sophia Brooks