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Judges rule MI5 will not face contempt proceedings over false evidence
MI5 and its director general, Sir Ken McCallum, will not face contempt of court proceedings over false evidence given to judges about an extremist informant. Senior judges ruled that pursuing the case would not be in the public interest, despite finding serious failings by the security service.
The evidence helped MI5 secure a 2022 injunction preventing the BBC from identifying Agent X, a neo-Nazi who threatened his partner, known as Beth, with a machete. MI5 maintained the evidence was accurate for three years before admitting it was wrong, paying compensation and apologising. A separate review found systemic failings and that an officer lied; the judges said contempt proceedings would largely duplicate those findings. Agent X’s identity remains unknown, and he is understood to have left the UK.
In short
- MI5 and Sir Ken McCallum will not face contempt proceedings.
- False evidence helped secure an injunction against the BBC in 2022.
- Judges said proceedings would duplicate findings of serious MI5 failings.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
The judges could reasonably conclude that contempt proceedings would serve little additional purpose after a separate review found systemic failings and an officer had lied. Avoiding duplicative litigation may protect court resources and allow attention to remain on the findings, apology and compensation already secured.
The case against
Contempt proceedings could provide an independent judicial examination of how false evidence was given and maintained for years, and whether senior leaders were responsible. Given the seriousness of the deception and its impact on the BBC and Beth, pursuing the case could reinforce accountability and public confidence that security services are subject to the law.
Explained simply
MI5 is the UK’s domestic security service, which investigates threats such as terrorism and extremism. Courts can issue injunctions to stop information being published while a case is considered. In 2022, MI5 used evidence about an extremist informant, called Agent X, to help obtain an injunction preventing the BBC from identifying him.
The case concerned threats Agent X made to his partner, known as Beth, and whether MI5’s evidence to judges was accurate. The service later admitted that evidence was wrong and apologised. The dispute matters because courts rely on truthful evidence, while MI5’s work can involve protecting informants and restricting what may be reported.
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Originally published by Daily Mail as “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 rule”.