Security officer charged with spying at British Embassy in Berlin

David Smith, 57, was arrested by German police on Tuesday 10 August last year. He’s accused of collecting information from the British Embassy in Berlin with intent to pass it to a foreign state.

One of the nine charges relates to allegations that Smith passed information to a person he believed was a representative of the Russian state.

The Crown Prosecution Service worked with the Metropolitan Police Service to build a prosecution case and, on Monday 15 November 2021, authorised charges after obtaining consent from the Attorney General.

Although the Crown Prosecution Service makes prosecution decisions independently of the police service and the Government, consent is required from the Attorney General for alleged offences under the Official Secrets Act.

Official Secrets Act

Nick Price, head of the Special Crime and Counter-Terrorism Division at the Crown Prosecution Service, said: “David Smith has been charged with nine offences contrary to the Official Secrets Act. He is accused of seven offences of collecting information with the intent of sending it to the Russian authorities, one of attempting communication and one of providing information to a person he believed was a member of the Russian authorities.”

Price added: “After reviewing the case and authorising charges, we obtained an extradition warrant and worked closely with our German counterparts in order to bring Mr Smith back to the UK.”

Smith appeared at Westminster Magistrates’ Court on Thursday 7 April and entered not guilty pleas to all of the allegations made against him. He was subsequently remanded in custody and is now due to appear at The Old Bailey on Wednesday 13 April.

David Ballantyne Smith is charged with a total of nine offences contrary to the Official Secrets Act 1911 and the Official Secrets Act 1920. The offences are alleged to have been committed between 31 October 2020 and 10 August 2021.

Active proceedings

The Crown Prosecution Service has reminded all concerned that criminal proceedings against the defendant are active and that he has the right to a fair trial. To this end, it’s “extremely important” that there should be no reporting or sharing of any information online, nor any comment made, which could in any way prejudice these proceedings.

The function of the Crown Prosecution Service is not to decide whether an individual is guilty of a criminal offence, but rather to make fair, independent and objective assessments about whether it’s appropriate to present charges for a criminal court to consider.

Code for Crown Prosecutors

The Crown Prosecution Service’s assessment of any case is not in any sense a finding of, or indeed an implication of, any guilt or criminal conduct. It’s not a finding of fact, which can only be made by a court, but rather an assessment of what it might be possible to prove to a Court of Law in accordance with the Code for Crown Prosecutors.

The Crown Prosecution Service’s Counter-Terrorism Division is responsible for prosecuting all alleged terrorism crimes and alleged terrorist-related offences in England and Wales. It also deals with incitement to racial and religious hatred, the stirring up of hatred based on sexual orientation, war crimes and crimes against humanity, Official Secrets Act-related cases and piracy and hijacking.