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02 December 2022 / Athelstane Aamodt
Issue: 8005 / Categories: Features , Criminal , Media
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Writing wrongs: when spies become authors

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Spying on your government is bad enough… but writing a book about it? Athelstane Aamodt explains why things are not always as they seem

The recent admission made by David Smith, a former security guard at the British Embassy in Berlin, that he had been spying for the Russian government for almost eight years, is the latest in a long line of revelations made by particular British citizens that they have in fact been doing the bidding of the Kremlin. The UK has provided Russia (and previously the Soviet Union) with a fair number of agents, most notably the ‘Cambridge Five’ of Donald Maclean, Guy Burgess, Kim Philby, Anthony Blunt, and John Cairncross.

Spies create problems for the law. In a criminal case, such as Mr Smith’s, it is simple enough: the wrongdoing is discovered, the person responsible is charged and, if the evidence is sufficient, they are convicted and sentenced. Things are not always clear-cut of course (the Alger Hiss case in the United States being a good example), but the mechanism for dealing with treachery is straightforward

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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