James FitzGerald
Live reporter

That's all for our coverage of the sentencing of David Smith, a former British embassy security guard in Berlin who admitted spying for Russia.

You can read a fresh writeup of the story by my colleague, home affairs correspondent Tom Symonds, here.

As for this live page - that was brought to you by Holly Wallis, Laura Gozzi, Marita Moloney, Aoife Walsh, Emily McGarvey and Christy Cooney. We also had Thomas Mackintosh reporting from the Old Bailey.

Thanks for following along, and see you next time.

Marita Moloney
Live reporter

Here's a reminder of the judge's comments to David Smith as he sentenced him to 13 years and two months in prison for spying for Russia.

"Your motive in assisting [the Russians] was to damage British interests," Mr Justice Wall told Smith.

The Old Bailey heard that the 58-year-old Scot was paid by Russia for his "treachery" in betraying his country by selling secrets to Russia while working as a security guard in the British embassy in Berlin.

Smith, whose subterfuge was uncovered during a sting operation in 2021, pleaded guilty to eight charges under the Official Secrets Act. His claims that he was not paid nor intended to cause harm to the UK were dismissed by the judge.

"You were fully aware that...were these documents to get into the wrong hands, they might harm British interests or pose a threat to those working at the British embassy," the judge said.

He told Smith that during his "subversive activities," dating back to 2018, he had copied a "significant amount of material" for the Russians.

"Your mitigation lies solely in your previous good character," he told Smith, saying "tangible and ascertainable harms" were caused by his activities.

The judge concluded it was not up to him to decide where Smith serves his sentence, which could be in the UK or Germany.

Image source, Getty Images

During David Smith's sentencing we heard the judge reference George Blake - the former MI6 officer and Soviet spy.

Mr Justice Wall said the level of harm in Smith's case was high, but not the highest level - unlike Blake, who was handed a 42-year sentence.

Here's some more detail on what happened in Blake's case:

Over nine years, Blake handed over information that led to the betrayal of some 40 MI6 agents in Eastern Europe.

He was exposed to British authorities when a Polish secret service officer, Michael Goleniewski, defected to the West, bringing his mistress and details of a Soviet mole in British intelligence.

Blake was convicted of spying in 1960 after he pleaded guilty to five counts of passing information to the Soviet Union.

He escaped from Wormwood Scrubs prison in London in 1966, having completed just five years of a 42-year sentence.

His escape was arranged by three former inmates and financed by the film director Tony Richardson.

With the help of friends, he was hidden in safe houses before managing to escape to the Soviet Union, where he spent the rest of his life.

Thomas Mackintosh
Reporting from the Old Bailey

Let’s bring you some more reaction now, this time from the head of the Metropolitan Police’s SO15 counter-terrorism unit, who's commented on the sting operation that caught David Smith red-handed.

Commander Richard Smith has described Smith's behaviour as “reckless and dangerous”.

He told media outside Scotland Yard: “His offending is made worse by the fact that he was exploiting the privileged position and access that gave him.

"This was a remarkable investigation. It involved meticulous planning and co-ordination.

Revisit the moment Mr Justice Wall pronounced his sentence on David Smith for leaking information to Russia.

Image source, David Smith social media

On the day of his arrest in Berlin in 2021, David Smith left work early complaining he was feeling ill - but was met by German police at his home in Potsdam.

Prosecutors said there were unaccounted-for funds, including €800 (£700) in cash, found in his home, which were seized following his arrest. Items taken from his flat also included travel documents and sheets of blank embassy-headed paper.

Photographs seized at that address showed a Russian Federation flag, a Soviet military hat, a Communist toy Lada car and a Russian cuddly toy Rottweiler dog wearing a military hat.

A cartoon taken from his work locker showed Russian President Vladimir Putin in military attire holding the head of former German Chancellor Angela Merkel.

Image source, David Smith social media

Smith's trial heard reference to "Dmitry" and "Irina", two figures central to the sting operation which led to his arrest 18 months ago.

After police got hold of a letter Smith sent to a military attaché at the Russian embassy in November 2020, a man with the pseudonym of Dmitry was sent to the British embassy posing as a Russian defector passing secrets to the UK.

Smith used his phone to film CCTV images of Dmitry in the British embassy, and could be heard in the film saying to himself: "If he works at the embassy they must recognise him".

The judge concluded that those comments meant Smith "was going to provide the images to someone at the Russian embassy to view so that they could investigate it".

Smith was later approached on the street by "Irina", a British agent who posed as a member of the Russian intelligence services and asked for Smith's assistance.

Smith told Irina that he needed "to check with someone" - words that the judge said "could only have been referring to checking with someone at the Russian embassy to verify that she was genuine before he helped her".

The judge added that, had Smith meant he wanted to "check" anything with the British embassy, he had plenty of time to do so between that meeting and his arrest, but failed to do so.

David Smith has been sentenced at the Old Bailey to 13 years and two months for spying on behalf of Russian authorities. The judge said Smith's limited mitigation allowed him to reduce the sentence by a year.

The 58-year-old was arrested in August 2021 and had pleaded guilty to eight charges under the Official Secrets Act, though he disputed the alleged motivations behind what he did.

Here's a reminder of each of those charges:

• Count 1: Sending a letter with details of British embassy staff to General Major Chukhrov at Berlin’s Russian Embassy
• Count 2: Taking unauthorised pictures and recording footage inside the British embassy
• Count 3: Taking photographs of classified documents marked ‘secret’ related to the embassy, its work and its staff
• Count 4: Taking photographs of documents marked at lower than ‘secret’
• Count 5: Photocopying a document related to the deployment of Dmitry, a role player who acted as a Russian agent working with the UK, after the Chukhrov letter came to light
• Count 6: Keeping hold of Sim card packaging he had been told to dispose of
• Count 7 and 8: Recording CCTV footage of Dmitry across two days

Thomas Mackintosh
Reporting from the Old Bailey

Image source, Reuters

After Smith’s crimes were exposed, a security review had to be carried out for every member of staff, costing the taxpayer £820,000 - something that was referred to by the judge a short while ago.

The embassy’s head of security, Bharat Joshi, said there was also a human cost: "The breach of trust, in particular disclosure of people's personal information, has had a negative impact on staff morale and wellbeing.”

He said people identified by the material “must work on the assumption their personal details had been passed on”, and that there were “feelings of anger, betrayal and upset and concern at the implications of their details being shared with a hostile state actor”.

Why we don't see many cases like Smith'spublished at 11:55 Greenwich Mean Time 17 February 2023

11:55 GMT 17 February 2023

Gordon Corera
Security correspondent

Spy cases are relatively rare.

That is partly because evidence that can be used in court is hard to collect and also because in many cases the activity is disrupted - for instance by expelling diplomats working as spies.

Police are devoting more and more resources though to dealing with this kind of activity, and the David Smith case involved extensive help from both security service MI5 and the German authorities.

Image source, PA Media

The Crown Prosecution Service has been reacting to David Smith's 13-year sentence at the Old Bailey today.

Nick Price, who heads the Special Crime and Counter Terror Division, said Smith "abused his position in the British embassy in Berlin to covertly collect and pass sensitive information to the Russian state".

"These crimes were an attack on our country and could have threatened national security," he said, adding that Smith's actions "were not just driven by money and greed".

Smith's information may have been very useful to Russiapublished at 11:40 Greenwich Mean Time 17 February 2023

11:40 GMT 17 February 2023

Gordon Corera
Security correspondent

As a security guard, David Smith did not have access to top secret material in the embassy.

But the material he admitted passing on or collecting could still have been very useful for the Russians.

It could potentially have helped to identify undercover British intelligence officers at the embassy and any agents they were meeting.

Details of CCTV could also potentially have helped Russian spies to work out how to run their own operations against the embassy and collect its secrets.

Smith's lawyers disputed the prosecution's claims about his motivation but disgruntled employees historically have often been the most effective recruits for spy services.

The case may also have raised questions about the checks carried out on staff, such as Smith, that are recruited locally.

Alongside the sentencing today, some video clips of David Smith inside the security kiosk at the British embassy have been released to the public.

In his ruling, the judge said Smith made copies of embassy CCTV footage showing the fake Russian agent, "Dmitry". In the clip above, recorded by a hidden camera, Smith is talking on the phone and can be heard to say: “If he works at the embassy they must recognise him. It’s probably nothing, but at least I’ve done it...”

The judge decided Smith was referring to the Russian embassy, and that his words meant he was going to provide the images to someone there so they could investigate it.

Meanwhile, in the clip below Smith can be seen recording British embassy CCTV footage on his mobile phone.

Thomas Mackintosh
Reporting from the Old Bailey

David Smith showed little reaction as he was told about his fate.

Still clutching the hearing aid to his ears, he stood up and learned he would spend years in prison.

Before sending him back down to the cells, the judge said Smith had the option of serving his time behind bars here in England or back in Germany where he was arrested.

Mr Justice Wall said it would be up to the German authorities as to when Smith could be released, should he decide to go back to the country where he committed his crimes.

Courtroom two has now emptied - stay with us while we bring you some reaction and analysis following the sentencing.

Thomas Mackintosh
Reporting from the Old Bailey

We learned quite a bit there from the judge's remarks.

He clearly felt Smith’s illegal behaviour was persistent and noted this all happened while he was employed as a security guard.

Instead of making sure the UK embassy was secured, Smith's criminality damaged British interests, the judge said.

Mr Justice Wall said there were particular aggravating factors to Smith's offending - namely him financially benefitting from his behaviour, as well as abusing the trust of his colleagues and putting people at risk.

Any suggestion of Smith’s remorse was dismissed by the judge as he noted the only mitigating factor he had was his previous good character.

Thomas Mackintosh
Reporting from the Old Bailey

At 10:32 Mr Justice Mark Wall sat down and started delivering his remarks.

He spent the next 30 minutes or so outlining David Smith's offences.

Convinced Smith was paid by the Russians - something the defendant had denied - the judge said the offending involved a significant amount of material being copied while Smith worked at the British embassy in Berlin.

The judge noted the seriousness of Smith's offending, saying he “carefully and methodically” filmed parts of the embassy which contained a considerable amount of sensitive information - including the names and addresses of his colleagues.

He feels the sentence of 13 years and two months reflects Smith’s culpability and acts as a deterrent.

"It is not for me to say where your sentence will be served," says the judge, acknowledging that Smith's amount of jail-time will depend on whether it happens in the UK - where he could be released on license - or in Germany, where rules differ.

Thomas Mackintosh
Reporting from the Old Bailey

Mr Justice Wall tells David Smith to stand as he passes his sentence.

He jails Smith for a total of 13 years and two months and says his current time spent on remand will count towards his tariff.

Mr Justice Wall goes on to discuss sentencing, saying to Smith: "Your mitigation lies solely in your previous good character.

"The credit for that must be limited, as the offending here was so extensive and so serious. Your regrets are no more than self pity."

Meanwhile, the judge says, Smith downplayed the "potentially catastrophic consequences for others".

He also dismisses Smith's claim that he was suffering from mental health issues.

The judge said Smith's limited mitigation allowed him to reduce the sentence by a year.

He continues with his formulation of a sentence - saying Smith will get some discount for a guilty plea, but that this was given on a false basis, meaning the full credit would not apply.

"It is hard to say what harm was actually caused by your actions," the judge says.

He adds that a number of statements by British officials have assessed this, and the fact he passed on personal details of staff put all of them at increased risk of harm.

The events "caused understandable distress and anxiety to those involved and their families," the judge continues.

It has been estimated that Smith's actions cost the British taxpayer £820,000 so far because the embassy had to overhaul procedures​.

"I assess the level of harm done in your case to be high, but not the highest," the judge says. It is "high" because of the "volume of material, the personal details shared and the period of time" over which Smith collected information.

There have been "tangible and ascertainable harms caused by your activities" but no "top level military secrets or details of British armaments" - that's why it's not the "highest" level of harm, the judge says.