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Hoyle says he cannot bring private prosecution in China spy case

The prosecution was dropped due to outdated UK espionage laws and refusal to classify China as an active threat, leaving Parliament vulnerable, Sir Lindsay Hoyle said.

  • Earlier this week, Sir Lindsay Hoyle said he could not bring a private prosecution after top legal advice and had explored action after charges were dropped against Christopher Berry and Christopher Cash.
  • The Crown Prosecution Service said the case stalled because Matt Collins would not classify China as an active threat, while officials blamed outdated espionage laws and the Official Secrets Act 1911’s use of `enemy`, prompting the National Security Act 2023 change.
  • The accused denied the charges as Christopher Berry and Christopher Cash deny wrongdoing and the prosecution was discontinued in September; Hoyle said he did not `accept` the outcome and would `support` private action.
  • Hoyle urged support for potential private prosecutors and said they will ask others to consider private prosecutions, warning `it must not happen again` due to Parliament's security risks.
  • The law change would have affected prosecutions for 2021–23 allegations as the National Security Act 2023 requires proof that information was `passed to a foreign power`, replacing the problematic `enemy` wording in the Official Secrets Act 1911.
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The Independent broke the news in London, United Kingdom on Saturday, November 1, 2025.
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