Landmark Prosecution Under the National Security Act 2023

Kat Demby and Piers Desser acted for Dylan Earl in the first prosecution brought under the National Security Act 2023, with proceedings concluding before Mrs Justice Cheema Grubb at the Central Criminal Court.

This landmark case concerned sabotage instituted by a foreign power on UK soil and represents the courts’ first handling of the complex sentencing exercise that occurs at the intersection of state threat and terrorism legislation.

The National Security Act 2023 was introduced to modernise and extend the powers contained within the Official Secrets Acts and reflects the UK’s response to emerging forms of hybrid and “grey-zone” warfare. The legislation seeks to address the increasing sophistication of foreign interference, particularly where hostile states operate through proxy actors, cyber operations and covert influence campaigns.

A notable feature of the case was the use of encrypted social media and instant messaging by the Russian Federation to recruit saboteurs remotely, in what is thought to be a Europe-wide campaign of disruption.

The sentencing remarks can be viewed here: https://www.judiciary.uk/wp-content/uploads/2025/10/Rex-v-Dylan-Earl-and-others.pdf