LONDON — The case against two men accused of spying for China collapsed because the government refused to label Beijing a “threat to the national security of the U.K.,” the director of public prosecutions said Tuesday evening.
In a rare intervention, Stephen Parkinson, the head of the Crown Prosecution Service, said his agency tried “over many months” to obtain evidence from the government that China posed a national security threat but was not successful.
Christopher Cash, 30, a former researcher for a Conservative MP, and Christopher Berry, a 33-year-old teacher, were due to face trial this month on charges of breaching the Official Secrets Act between December 2021 and February 2023 by spying for China, which they strongly denied.
The charges were dropped last month after the CPS said the “evidential standard for the offence indicted is no longer met.”
Writing to the chairs of the Commons’ Home and Justice Select Committees, Parkinson said a 2024 High Court decision meant an “enemy” under the Official Secrets Act includes “a country which represents at the time of the offence, a threat to the national security of the U.K.”
Despite receiving further witness statements in light of the judgment, “none of these stated that at the time of the offense China represented a threat to national security.”
Parkinson added: “By late August 2025 it was realized that this evidence would not be forthcoming.”
Even though the CPS does not usually comment on the factors leading to a case collapsing, Parkinson said he was “now able to provide further information to contextualize the position” as “government briefings have been provided commenting on the evidential situation.”
Crucial timing
Prime Minister Keir Starmer, a former DPP, said any evidence must be based on the previous government’s stance towards China because that was when the offenses were allegedly committed.
“If you’re prosecuting someone on the basis of what the situation was in 2023, you have to prosecute them on the basis of what the situation was in 2023,” the prime minister told reporters on a plane to India. “You can’t change the situation afterwards and then prosecute people on the basis of a changed situation.”
The Conservatives previously referred to Beijing as a “systemic competitor” and an “epoch-defining and systemic challenge,” but never as a threat.
Environment Minister Emma Hardy insisted the CPS dropped the case independently of the government and rejected accusations of pressure about labeling China an enemy or that National Security Adviser Jonathan Powell had anything to do with the decision.
“We’re constantly re-evaluating our relationship with every single country,” Hardy told Sky Wednesday about not calling China a threat. “At the moment, our consideration is that China is a challenge.”
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