Tories Push to Revive Dropped China Spy Case
The collapse of a high-profile spy case has triggered a political storm, with senior Conservatives now pushing for prosecutors to restart the trial of two men accused of spying for China — if the Labour government formally labels Beijing a threat to UK national security.
In a letter to the Director of Public Prosecutions, Chris Philp and Alex Burghart, senior Tory MPs, asked whether the Crown Prosecution Service (CPS) could revive charges against Christopher Cash and Christopher Berry, should new evidence be provided. The pair were acquitted last month after the CPS dropped the case over a lack of crucial evidence.
"If the Government were to provide the evidence that the Crown Prosecution Service had requested, this would enable you to restart the prosecution," the MPs wrote.
Cash, a former parliamentary researcher, and Berry, who also denies wrongdoing, had been accused under the Official Secrets Act of leaking information to China between 2021 and 2023. The case fell apart in September when the CPS said it couldn't move forward without proof that China had officially been recognised as a national security threat at the time the alleged offences occurred.
According to Director of Public Prosecutions Stephen Parkinson, the charges initially had enough backing. But following a precedent set by another espionage case earlier this year, the bar was raised: the government now had to show China was classified as a threat when the alleged spying took place — something it hadn’t explicitly done.
Labour: Blame the Old Laws
Security Minister Dan Jarvis told MPs the CPS was "hamstrung by antiquated legislation" — referring to the 1911 Official Secrets Act, which was only replaced this year by the 2023 National Security Act. He said the evidence given to the CPS reflected the Tory government's own stance on China at the time, and insisted: "The national security adviser was not involved in any decisions about the substance of the evidence."
He said Matthew Collins, the deputy national security adviser, had provided statements under both the previous and current governments without interference. Claims that the government blocked or concealed evidence were "untrue", Jarvis added.
Labour is also defending national security adviser Jonathan Powell, who has come under fire from Conservative MPs. Prime Minister Keir Starmer said he has "full confidence" in Powell, who has been accused of prioritising economic ties with China over legal proceedings — an allegation Downing Street called "entirely false".
Conservatives: Labour Refused to Act
Tory MPs argue Labour failed to provide the CPS with evidence that could have saved the case. Kemi Badenoch, a senior Conservative, accused the government of making a "deliberate decision to collapse the case and curry favour with the regime in China." She said the previous government had clearly stated that China posed a threat, pointing to documents like the 2021 Integrated Review and statements from Conservative ministers.
Tom Tugendhat, a former security minister, slammed Jarvis's explanation as "pure fabrication", accusing the government of making a decision not to provide the necessary evidence. "What this statement does is advertise that the UK is not willing to defend itself against threats from hostile states," he said.
Can the Case Even Be Reopened?
There’s a catch. Under double jeopardy laws, someone acquitted of a crime usually can't be prosecuted again — unless new and compelling evidence comes to light and the charges are among a select list of serious offences like murder. Espionage under the Official Secrets Act, however, doesn't qualify. So even if Labour now declares China a threat, it’s not clear the case could legally be reopened.
What’s Next?
While the political row escalates, MI5 has issued new guidance to MPs warning of increased risks from foreign powers, including China, Russia, and Iran. Meanwhile, opposition parties like the Liberal Democrats are calling for transparency. Calum Miller, the party’s foreign affairs spokesperson, said: "The government's attempts to duck scrutiny and scapegoat a single official simply won't wash." Labour leadership contender Lucy Powell echoed that sentiment, saying the collapse was disappointing: “People need to know there are consequences if they’re trying to infiltrate our democratic processes."
