London: The UK is attempting to block the return of at least nine Britons held in Syria over links to Daesh, The Daily Telegraph has learnt, as it emerged prosecutors may not have the power to bring returning extremists to justice.

They include two members of the so-called “Beatles”, known as Daesh’s execution squad, as well two unidentified women along with their children.

The Government wants Al Shafee Al Shaikh and Alexanda Kotey, members of Jihadi John’s notorious gang, to be deported to the US where they could face execution if found guilty.

The Daily Telegraph can disclose that the UK authorities are trying to prevent a further seven Daesh fighters and supporters from returning to Britain, where they would present a public danger.

The disclosure emerged on the day the High Court was told Britain decided to send Al Shaikh and Kotey to the US after the Crown Prosecution Service (CPS) warned the Government it could not prosecute, despite police gathering 600 witness statements. According to documents disclosed at the High Court, the CPS “advised it is likely that both cases will collapse due to process reasons”.

Today Labour MPs will claim Parliament was misled over the decision to send Al Shaikh and Kotey to the US, after Sajid Javid, the Home Secretary, withdrew UK opposition to the death penalty. Javid changed the policy after being told that Donald Trump would otherwise “hold a grudge”.

Britain’s refusal to repatriate foreign fighters shows the growing concern following the defeat of Daesh in large areas the terrorist group once held.

Abdul Kareem Omar, head of foreign affairs for the semi-autonomous Kurdish enclave in Syria where many of the extremists are held, said: “We express our willingness to hand over all the British citizens we have in our custody. However, up until now, the British Government has not contacted us to solve this issue. We hope that [it] takes on its moral and humanistic duty towards its citizens.”

Five suspects, including the “Beatles”, have been named, but the identities of two others, as well as two women and their children, are being protected.

One is held by a Free Syrian Army group on Syria’s Turkish border, while the rest were picked up by the Kurdish-led Syrian Democratic Forces (SDF).

One of the unidentified men is understood to have told the SDF he was a doctor working in Daesh territory, while the other is a Londoner who dropped out of university to join the extremists.

All have British citizenship except Al Shaikh and Kotey, who had theirs revoked. However, it is thought some of the younger children were born in the so-called caliphate and would therefore be considered stateless.

The Government has acknowledged that there are problems bringing foreign fighters to justice, but has denied blocking their return where possible. Ben Wallace, the security minister, said: “We recognise there is a problem with prosecutions and we are dealing with it. That’s why we have added extra powers, including on designated area offences into the Counter Terror Bill.”

— The Daily Telegraph