A damning parliamentary report has concluded that 'serious systemic failures' led to the high-profile prosecution of two men accused of spying for China being abandoned, warning that similar problems could occur again.
What Went Wrong in the Prosecution?
The case against former parliamentary researcher Christopher Cash and teacher Christopher Berry, who denied allegations of passing secrets to Beijing between 2021 and 2023, collapsed in September 2025. The Crown Prosecution Service (CPS) dropped the charges, stating it could not obtain crucial evidence from the government that explicitly labelled China as a national security threat.
This prompted a political blame game, with accusations of a 'cover-up' aimed at the Conservative government, which was in power when the case began. However, the cross-party Joint Committee on the National Security Strategy (JCNSS), which conducted a rare investigation, found no evidence of a deliberate attempt to sabotage the case.
A Cascade of Communication Failures
The committee's report paints a picture of profound dysfunction. It identified 'confusion and misaligned expectations' between the government and prosecutors, with communications described as 'inadequate' and lacking clarity from the outset in 2023.
A key point of contention was the evidence provided by deputy national security adviser Matt Collins. As the central expert witness, he detailed a 'range of threats' from China but refused to describe it as a generic 'threat', aligning with the then-government's diplomatic position. The CPS argued this undermined the case under the century-old Official Secrets Act 1911, which requires proof of spying for an 'enemy'.
The committee suggested that 'common sense interpretations' of Mr Collins's statements should have sufficed, but the legal rigidity of the old law created an insurmountable hurdle.
Warning Against Calling it a 'One-Off'
Critically, the report cautions ministers against dismissing the fiasco as a unique result of outdated espionage law. It highlights that the new National Security Act 2023, which replaced the Official Secrets Act, still contains 'structural parallels' and diplomatic sensitivities that require careful handling to avoid a repeat.
'We urge the government to avoid characterising the failure of the Cash/Berry case as a one-off peculiarity,' the committee stated, emphasising the risk of recurrence.
To prevent future collapses, the inquiry made key recommendations:
- The Cabinet Office and security services must formalise principles for handling sensitive cases with the CPS within six months.
- A formal case 'conference' should be mandated within 30 days of such charges being brought to ensure clarity on evidence.
In response, a CPS spokesperson said decisions are made independently based on law and evidence and that they would review the recommendations. A government spokesperson welcomed the report's finding that allegations of interference were 'baseless', reiterating disappointment that the case did not reach trial.
