By : Crime & Security Correspondents
A 66-year-old British man has been sentenced to seven years in prison for attempting to spy for Russian intelligence, following an operation by Counter Terrorism Policing London.
Howard Phillips, from Harlow, was arrested in central London on 16 May 2024 after arriving for what he believed was a meeting with two Russian agents. In reality, they were undercover officers from the Counter Terrorism Command.
Over a series of emails, social media messages, and face-to-face encounters, Phillips showed clear enthusiasm to assist the Russian Intelligence Service in exchange for money. He handed over personal details of the then-Secretary of State for Defence – his local MP, whom he had met and whose home he had visited.
Phillips also revealed he had recently applied for a position at UK Border Force and was seeking Home Office security clearance. In a document on a USB drive he provided to the officers, he described himself as someone who could “move undetected and travel anywhere at any time, no questions asked” while avoiding suspicion. He offered logistical support for Russian espionage operations.
Charged on 23 May 2024 with an offence under section 3 of the National Security Act 2023, Phillips (DOB 29.08.59) was convicted by a jury at Winchester Crown Court on 22 July after a two-week trial. He was sentenced on Thursday, 6 November.
Commander Dominic Murphy, head of Counter Terrorism Policing London, said: “This case shows the serious consequences for anyone who thinks working for Russian intelligence is an easy way to make money.
“As seen in the recent convictions of Dylan Earl and Jake Reeves, we are fully using the National Security Act to prosecute those acting against the UK’s interests.
“The reality is that so-called ‘proxies’ for Russia are unlikely to see any significant payout – and may get nothing at all. What they are risking is a long time behind bars. As this case proves, convictions under the Act carry substantial prison sentences.”
National Security Overview:
The National Security Act 2023 (c. 32) is a landmark piece of legislation passed by the UK Parliament to counter modern threats from hostile foreign states, including espionage, sabotage, political interference, and assassination attempts.
Enacted in response to evolving state-directed activities targeting the UK’s democracy, economy, and values—primarily from actors like Russia, China, and Iran—it replaces outdated espionage laws from the early 20th century, such as the Official Secrets Acts of 1911, 1920, 1939, and 1989, which were originally designed to address threats from German spies during and after World War I.
The Act received Royal Assent on 11 July 2023 and is described by the government as creating “the hardest operating environment for malign activity undertaken by foreign actors.”
Purpose and Scope
The Act’s primary goal is to modernize counter-espionage laws and equip law enforcement, intelligence agencies (like MI5 and SIS), and security professionals with robust tools to detect, disrupt, and deter state threats.
It applies to UK nationals, residents, and activities both within and outside the UK, making it “actor-agnostic” while focusing on foreign powers whose actions damage UK safety or interests. Key aims include:
Protecting sensitive sites (e.g., critical infrastructure) from sabotage and unauthorized access.
Enhancing transparency around foreign influence in politics and democracy.
Addressing technological advancements that enable new forms of espionage, such as cyber threats or drone misuse.
The legislation has drawn international attention, with some Chinese media outlets comparing it unfavorably to Hong Kong’s national security law, though experts note this lacks broader context.
Key Provisions
The Act introduces a comprehensive framework of offenses, investigative powers, and preventive measures. Here’s a breakdown of its main components:
Part/SectionKey MeasuresExamples/NotesPart 1: Offences Against the StateNew espionage, sabotage, and foreign interference offenses; replaces Official Secrets Acts.- Espionage: Obtaining/disclosing protected information (e.g., trade secrets) for a foreign power—up to life imprisonment.
- Sabotage: Damaging property, sites, or data for a foreign power, affecting UK interests.
- Foreign interference: Undermining UK institutions, politics, or rights—e.g., disclosing UK government security measures to a foreign entity.Part 2: Prohibited Places RegimeProtects sensitive sites from hostile reconnaissance or entry; modernizes access controls.- Applies to “prohibited places” like military bases or critical infrastructure.
- Offenses include unauthorized entry, photography, or drone use—authorizes police counter-drone tech.
- Security staff can issue two-stage challenges to deter suspicious activity.Part 3: Foreign Influence Registration Scheme (FIRS)Requires registration of activities on behalf of foreign powers influencing UK politics.- Not yet in force (expected July 2025); aims to increase transparency in lobbying or influencing.
- Exemptions for legitimate diplomacy; interacts with the National Security and Investment Act 2021.Parts 4-7: Investigative and Procedural PowersExpands police powers, including warrantless arrests and extended detention for state threat suspects.- Up to 14 days’ detention (extendable in emergencies).
- State Threats Prevention and Investigation Measures (STPIMs) for monitoring without prosecution.
- Limits damages in national security-related civil claims if they risk funding terrorism.Other MeasuresLegal aid restrictions for terrorism-linked individuals; extra-territorial application of serious crime laws.- Covers procurement of trade secrets or assisting foreign powers in harmful acts.
These provisions emphasize prevention over reaction, with offenses applicable regardless of whether damage occurs, as long as intent to aid a foreign power is proven.
Implementation and Timeline
In Force: Parts 1-3 (core offences and prohibited places) commenced on 20 December 2023.
Pending: Sections 65-83 (including FIRS) activate on 1 July 2025; some repeals (e.g., Official Secrets Act 1911) apply only to post-2023 offenses.
Guidance:
The Home Office and National Protective Security Authority (NPSA) provide resources for businesses, researchers, and suppliers, including risk assessments and staff briefings on compliance.
Defence contractors must update contracts (e.g., DEFCON 659A) to reference both the Official Secrets Act 1989 and this Act.
Notable Cases and Impact
The Act has already led to convictions, such as Dylan Earl and Jake Reeves—the first under it—for arson against a Ukrainian-owned business in London on behalf of Russia.
It underscores the UK’s commitment to prosecuting “proxies” for foreign powers, with severe penalties (up to life sentences) deterring involvement.
Critics raise concerns over expanded police powers and potential impacts on civil liberties or journalistic freedoms, though safeguards like public interest defenses are included.
Information by Met Police, and Grok4
For full text and factsheets, refer to official sources like GOV.UK or the UK Parliament website.
