A FORMER MI6 spy charged with trying to sell top secret files to a foreign country has not been able to brief his lawyers because they do not have security clearance to speak to him.

Daniel Houghton, whose family live in Holne, near Ashburton, Devon, and who studied graphic design in Exeter, remains in custody and cannot apply for bail until lawyers are given clearance.

Houghton, 25, is accused of attempting to sell confidential electronic files, including memory sticks and a laptop hard drive detailing MI5's intelligence-gathering techniques.

However, his lawyers and the legal team prosecuting him, found they would be in breach of the Official Secrets Act and could be charged with breaking the law themselves if they went ahead with the case.

Houghton, who went on to graduate from Birmingham University, was arrested earlier this month in London.

Piers Arnold, prosecuting, outlined the dilemma during a brief hearing at City of Westminster Magistrates' Court.

He said: "What the joint proposal is today is that the matter be put off for a period of two weeks with a view to carrying out the relevant security clearance procedures for the defence so they are in a position to take full and mindful instructions from their client."

Michael O'Kane, defending, said: "In order to get instructions from Mr Houghton with a view to ascertaining whether a full bail application can be made, we would be falling foul of the Official Secrets Act and exposing him to further offences as well as ourselves."

District Judge Timothy Workman adjourned the case until Thursday March 25, when a bail application is expected to be made.

The former spy is accused of copying top secret files while working for MI6 in London between September 2007 and May last year.