MI5 spared contempt of court over false evidence to judges

Summarised from 5 outlets · Updated 3 Nov, 22:57 · Archive

Senior judges ruled MI5 will not face contempt of court proceedings despite admitting it gave false evidence to three courts.

Senior judges at the High Court ruled that MI5 will not face contempt of court proceedings despite the Security Service admitting it gave false evidence to three courts. The three judges, led by Lady Chief Justice Baroness Sue Carr, said that contempt proceedings would be too complex and resource-intensive for the court to manage, and that it was not in the public interest to proceed.

The false evidence was provided in a case concerning an informant known as Agent X, a foreign national involved in neo-Nazi movements who is accused of abusing his girlfriend, known as Beth, and another woman. MI5 initially confirmed to the BBC that Agent X was an informant when the broadcaster sought to report on the abuse, fearing his life could be in danger. However, in later court proceedings with Beth and the BBC, MI5 claimed it could 'neither confirm nor deny' its relationship with him, in line with standard policy. This contradictory evidence was used to obtain an injunction against the BBC in 2022, which prevented it from airing a documentary naming the man.

MI5 maintained the information was accurate for three years before admitting it was wrong. MI5 director-general Sir Ken McCallum said the court's decision was 'welcome' and that 'in this instance the agency I lead fell badly short'. He repeated his apology for the failures and for the additional distress caused to Beth.

In July 2025, the three judges ordered an investigation into how MI5 came to give false evidence. Sir John Goldring, the Deputy Investigatory Powers Commissioner, carried out the investigation, which was also ordered by the prime minister. His July 2026 report concluded that one senior MI5 officer lied repeatedly while another misled his own colleagues and lied about what he was told. The investigation also found 'serious and systemic failures in MI5's conduct' and criticised other senior spies.

In September 2026, MI5 said it accepted the investigation's findings 'without reservation'. In an unprecedented move, the agency has since paid compensation and issued a public apology to settle the case.

Although MI5 and its director-general will not face contempt proceedings, individual MI5 officers now potentially face investigation for misconduct in public office by the police. The judges said police have the investigatory powers and resources to handle such investigations. The identity of Agent X remains unknown, and he is understood to have left the UK.

Beth's lawyers had previously sought contempt of court proceedings against MI5 and Sir Ken McCallum, arguing that the agency had made 'repeated efforts to prevent the truth emerging'. However, the judges ruled that any court proceedings should follow consideration by the police and consideration of charges by the Crown Prosecution Service.

How it is being reported

• MI5 will not face contempt of court charges despite admitting its evidence was a lieThe MI5 has been spared contempt of court proceedings after judges ruled that it would "not be in the public interest" to do so. Despite admissions by the intelligence service of providing false evidence to the court, judges said proceedings against individual officers would be "highly resource-intensive". Delivering the judgment today, Lady Justice Baroness Carr Dame Victoria Sharp and Mr Justice Chamberlain said proceedings against individual officers would be "highly resource-intensive". They added that the case would face "substantive hurdles, which may or may not be overcome", including…GB News · 3 Nov, 19:46
• MI5 escapes legal action despite providing false evidence to three courtsMI5 and its director-general have avoided legal action after the Security Service "fell badly short" by providing false evidence to three courts.Sky News · 3 Nov, 15:10
• MI5 spared legal action after false evidence given to three courtsThe evidence was provided as part of MI5’s successful bid for an injunction against the BBC in 2022.Evening Standard · 3 Nov, 12:03
• MI5 and its director general Sir Ken McCallum will not face contempt of court proceedings despite lying to courts about neo-Nazi agent who threatened girlfriend, judges ruleThe service faced the prospect of legal action after accepting it had provided false evidence to three courts about a neo-Nazi informant.Daily Mail · 3 Nov, 10:27
• MI5 will not face contempt of court charges despite admitting its evidence was a lieThree senior judges say a contempt case would be too complex for the court to manage.BBC News · 3 Nov, 10:21

In this story: MI5 · BBC · Sir Ken McCallum · Lady Chief Justice Baroness Sue Carr · Sir John Goldring · Beth

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