Official Secrets Flashcards
Origin
Official Secrets Act 1989
s1
Security and Intelligence
-security services
-life long duty
-no harm test
s1(3)
-crown servant
-harm test
s1(4)
Disclosure is damaging if causes harm to work or any part of security and intelligence
s2
Defence
s2(2)
-damages the capability of armed forces
-leads to loss of life
-damage to equipment
-endangers interest of UK abroad
s3
International Relations
s3(2)
-harm test
-likely to have effect
s4
Crime
s4(2)
-harm test
-disclosure of information facitliates escape from legal custody
-impedes the protection or detection of offences
-or prosecution of suspected offender
s4(3)
-no harm test
-information obtained by intercept and security service warrants
3 defences
-D not know information fell into category
-no reason to believe it would cause harm
-belief in lawful authorisation
s5
Aimed at journalists and editors
-unauthorised disclosure and trusted in confidence
-disclosed by crown servant
s5(2)
Defence
-MR requirement
-Knowing or having reasonable cause to believe that it is protected against disclosure
s6
Aimed at journalists and editors
-abroad
-MR required
s7
-defence
-Disclosure not lead to liability under the act if authorised
s8
-Crown servant or government contractor
-has possesion of document
-he fails to take such care to prevent such disclosure
8(2)
-defence for crown servant
-time of alleged offence
-believed he was acting in accordance of his official duty
No defence
-no defence for acting in the public interest
-R v Shayler
