Official Secrets

Question 1

Origin

Answer 1

Official Secrets Act 1989

Question 2

s1

Answer 2

Security and Intelligence
-security services
-life long duty
-no harm test

Question 3

s1(3)

Answer 3

-crown servant
-harm test

Question 4

s1(4)

Answer 4

Disclosure is damaging if causes harm to work or any part of security and intelligence

Question 5

s2

Answer 5

Defence

Question 6

s2(2)

Answer 6

-damages the capability of armed forces
-leads to loss of life
-damage to equipment
-endangers interest of UK abroad

Question 7

s3

Answer 7

International Relations

Question 8

s3(2)

Answer 8

-harm test
-likely to have effect

Question 9

s4

Answer 9

Crime

Question 10

s4(2)

Answer 10

-harm test
-disclosure of information facitliates escape from legal custody
-impedes the protection or detection of offences
-or prosecution of suspected offender

Question 11

s4(3)

Answer 11

-no harm test
-information obtained by intercept and security service warrants

Question 12

3 defences

Answer 12

-D not know information fell into category
-no reason to believe it would cause harm
-belief in lawful authorisation

Question 13

s5

Answer 13

Aimed at journalists and editors
-unauthorised disclosure and trusted in confidence
-disclosed by crown servant

Question 14

s5(2)

Answer 14

Defence
-MR requirement
-Knowing or having reasonable cause to believe that it is protected against disclosure

Question 15

s6

Answer 15

Aimed at journalists and editors
-abroad
-MR required

Question 16

s7

Answer 16

-defence
-Disclosure not lead to liability under the act if authorised

Question 17

s8

Answer 17

-Crown servant or government contractor
-has possesion of document
-he fails to take such care to prevent such disclosure

Question 18

8(2)

Answer 18

-defence for crown servant
-time of alleged offence
-believed he was acting in accordance of his official duty

Question 19

No defence

Answer 19

-no defence for acting in the public interest
-R v Shayler