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A panel of three senior judges – England and Wales’ most senior judge, Lady Chief Justice Baroness Sue Carr, President of the King’s Bench Division Dame Victoria Sharp and Mr Justice Chamberlain – is considering what action to take over the false evidence.<\/p>\n
In particular, the judges will decide whether to initiate contempt of court proceedings against certain MI5 officers or MI5 itself. <\/p>\n
Any such move would be unprecedented.<\/p>\n
The hearing follows a damning official report, published in July, which concluded that MI5 gave evidence based on “lies” to three courts while defending a violent neo-Nazi spy whose abuse was uncovered by the BBC.<\/p>\n
The report, by the then deputy investigatory powers commissioner Sir John Goldring, heavily criticised a series of senior MI5 figures and their organisation.<\/p>\n
He found that one senior MI5 spy – known as Officer 2 – lied repeatedly, while another – Officer 3 – misled his own colleagues and lied about what he was told. <\/p>\n
He also found there were “serious and systemic failures in MI5’s conduct” throughout the case.<\/p>\n
Sir John’s investigation was ordered by the prime minister in September 2025 after MI5’s explanations about what happened were rejected as deficient and unreliable by the High Court.<\/p>\n
In court early on Friday, Otty announced that “MI5 accepts without reservation” the findings of Sir John, including about the actions of individual officers and “systemic failure” within the organisation itself. Until now, MI5 had only offered apologies for giving “incorrect” evidence.<\/p>\n
He said MI5 “fully accepts and acknowledges the gravity of the issues raised” and they must never happen again.<\/p>\n
He added that MI5 had committed to a major programme of reform under the leadership of director general Sir Ken McCallum.<\/p>\n
Otty argued against contempt of court proceedings being brought, saying it would not be in the public interest given the detailed Goldring investigation, MI5’s apologies, and its commitment to a programme of reform.<\/p>\n
He said Officer 2 had resigned from the service and that Officer 3 had been suspended and was facing disciplinary proceedings, which could lead to his dismissal.<\/p>\n
The court will hear legal submissions later on Friday from barristers for the BBC and Officers 2 and 3.<\/p>\n
The case centres around an MI5 informant known as Agent X, a foreign neo-Nazi misogynist who used his security service role as a tool of abuse.<\/p>\n