The Crown Prosecution Service (CPS) discontinued prosecutions brought, under the Official Secrets Act 1911, against two men: Christopher Clark and Christopher Berry - The Independent (15 September 2025).
Mr Cash was a parliamentary researcher who worked with senior politicians from the Conservative Party, with a focus on security and foreign affairs. Mr Berry is an academic based in Oxfordshire who had taught in China since 2015. The two men were accused of being in contact with each other and a person suspected of being a Chinese intelligence agent.
When the men were charged, the CPS issued a statement (22 April 2024) setting out details of the charges. The charges included the phrase 'useful to an enemy'
It was clearly incumbent on the prosecution to establish that "useful to an enemy" included China.
BFZ [Katrin Ivanova) and BFU [Orlin Roussev] [2024] EWCA Crim 808, the Court of Appeal (Criminal Division) held that the word "enemy" included a country which represents a current threat to the national security of the UK (see judgment para 61). The judgment added that this might well involve issues of fact and degree which the jury would be well-placed to assess, on evidence. The court added that - 'Friendly powers would fall outside this definition.'
If anything, this case lowered the test for deciding the meaning of the term "enemy" in the 1911 Act. It no longer referred to an enemy as in time of war (or possible war).
Therefore, prosecution evidence had to show that China represented a current threat to the national security of the UK. So, how was China to be viewed? The government is in a position to provide evidence on those questions.
The Court of Appeal judgment is dated 16 July 2024. The discontinuance of the cases took place, 14 months later, in September 2025.
On 15 October 2025, the government took the unusual step of publishing three witness statements from Matthew Collins (Deputy National Security Adviser for Intelligence, Defence and Security within the Cabinet Office). Those statements are of a type often referred to as "section 9 statements" and they would have been available to the trial court.
At the time of writing, the Director of Public Prosecutions (DPP) is being pressed by politicians for a complete explanation of the discontinuance decision - see BBC News 16 October 2025. The DPP operates under the 'superintendence' of the Attorney General.
Hansard has reported on the House of Commons Urgent Question (16 October 2025) - Official Secrets Act case: Witness Statements.
Timeline
July 2023 - National Security Act 2023 received Royal Assent - in force 20 December 2023.
April 2024 - Charges brought under Official Secrets Act 1911 - the legislation applicable at the time of the alleged offences
16 July 2024 - Court of Appeal judgment on meaning of "enemy" in the 1911 Act
September 2025 - Cases discontinued
Repeal of Official Secrets Acts
In 2015, the government asked the Law Commission to review the Official Secrets Acts. The Commission reported in September 2020 (during the Covid-19 pandemic). See the Commission's report - Protection of Official Data. One of the main recommendations is summarised as -
'Updating the archaic language of the Official Secrets Acts to ensure the legislation is fit for purpose. For example, we recommend replacing the word “enemy” with “foreign power”, which would include terrorist organisations and companies controlled by a state.'
It was not until 11 July 2023 that new legislation received Royal Assent - National Security Act 2023 . This repealed the Official Secrets Act 1911.The 2023 Act commenced on 20 December 2023. The repeal did not retrospectively remove operation of the 1911 Act.
Addition 17 October 2025
Official Secrets Act controversy to be examined by Joint Committee on the National Security Strategy
Addition 31 October 2025
National Security Strategy - Committee 27 October 2025 - Formal meeting and oral evidence
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