The UK government is facing increasing demands from the Conservative and Liberal Democrat parties to publish the evidence submitted in the recently collapsed espionage case involving two men accused of spying for China.
The case against Christopher Cash and Christopher Berry was dropped unexpectedly by prosecutors last month, leading to criticism from ministers and MPs.
Both men have denied the allegations.
The Crown Prosecution Service (CPS) has clarified that it would not object if the government chose to make the evidence public, despite earlier suggestions from senior government figures that doing so would be "inappropriate".
The collapse of the case was attributed by the director of public prosecutions to the government’s failure to provide evidence confirming that China was regarded as a national security threat at the time of the alleged offences.
This issue centers on three witness statements submitted by Deputy National Security Adviser Matthew Collins, which addressed whether China was considered a threat during the previous Conservative government’s tenure.
The CPS has stated that these statements were provided solely for the criminal proceedings, which have now concluded, and that it is up to the government to decide whether to release the material.
Christopher Cash, a former parliamentary researcher, and Christopher Berry were charged under the Official Secrets Act in April 2024, during the Conservative administration.
They were accused of gathering and sharing information detrimental to the safety and interests of the state between December 2021 and February 2023.
Shadow Home Secretary Chris Philp has urged the government to release Collins’s witness statements and related correspondence to ensure transparency, noting that since the evidence would have been subject to cross-examination in court, it should not remain secret.
Liberal Democrat Foreign Affairs Spokesperson Calum Miller echoed this call, warning that failure to disclose the evidence could fuel suspicions of a cover-up and suggest that ministers prioritize maintaining good relations with China over national security.
Conservative leader Kemi Badenoch has also pressed Prime Minister Sir Keir Starmer to address unresolved questions about the case, accusing the Labour government of being "too weak to stand up to Beijing" and seeking to "appease China." Sir Keir is expected to face scrutiny over the matter during Prime Minister’s Questions following the parliamentary recess.
The Labour leader has maintained that his government could only rely on the previous administration’s assessment of China, which described the country as an "epoch-defining challenge," and has expressed frustration over the trial’s collapse.
The Conservatives have inquired whether the CPS could reopen prosecutions if new evidence emerges confirming China as a national security threat.
However, legal protections against double jeopardy, which prevent someone from being tried twice for the same offence, particularly under the Official Secrets Act, make this highly unlikely.
This principle has been a cornerstone of the UK legal system for over 800 years.
The ongoing debate highlights tensions within the government and opposition over transparency, national security, and the handling of sensitive intelligence matters involving China.