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GCHQ intern who took data home loses sentence appeal

Press Association
Metropolitan Police A police mug shot of Hasaan Arshad who has black, curly mid-length hair, dark eyes and a black beard. He is looking straight at the camera and is wearing a grey hoodie with a black coat over it, with a black furry lined hood. The walls behind him are white and beige. Metropolitan Police
Hasaan Arshad breached tight security rules when he removed material from a GCHQ computer system and transferred it to his computer

A GCHQ intern who was jailed for endangering national security by taking top secret data home has lost a bid to reduce his jail term.

Manchester University computer science student Hasaan Arshad breached tight security rules when he used his mobile phone to remove material from a computer system at GCHQ and transfer it to his private computer on 24 August 2022.

The 26-year-old was jailed for seven-and-a-half years after he admitted an offence under the Computer Misuse Act and two charges of making an indecent photograph of a child.

On Thursday Lady Justice Cockerill refused Arshad permission to challenge his sentence, saying there were no arguable grounds that the sentencing judge was wrong.

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GCHQ is the UK's intelligence, security and cyber agency and plays an important role in keeping the country safe, in conjunction with MI5 and the Secret Intelligence Service (MI6).

The court heard how Arshad, from Rochdale, Manchester, was coming to the end of an industry year placement with a technical development team at the site in Cheltenham, Gloucestershire.

Arshad had undergone GCHQ induction and was required to sign the Official Secrets Act.

He was motivated by a desire to complete the project he had been tasked with as his placement was coming to an end.

GCHQ An aerial view of GCHQ headquarters, a circular, silver metal coloured building with several small units nearby, surrounded by car parks, a public road and a housing estate.GCHQ
GCHQ works alongside MI5 and MI6 to protect the country from security threats

Prosecutor Duncan Atkinson KC told the Old Bailey last year that Arshad's actions "lost a tool" being developed at GCHQ, risked exposing the identities of 17 GCHQ colleagues, and undermined the trust of partners, which "created a significant risk of damage to national security".

Rupert Bowers KC, representing Arshad, argued the sentencing judge had made the sentence too high for a first-time offender.

He said Arshad had "noble if misguided" intentions and no "corrupt motive".

Bowers said: "This is an exceptional case because of the motivations and the intentions.

"Yes, a serious offence has been committed by someone who was reckless, but he has not committed it intentionally to harm national security."

At the Court of Appeal on Thursday, Lady Justice Cockerill said the judge had given "careful consideration" to Arshad's "age, immaturity and neurodivergence" and had rightly taken into account the serious harm to national security which could have been caused.

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