Official Secrets Act 1920
Encyclopedia
The Official Secrets Act 1920 (10 & 11 Geo. 5 c. 75) is an Act
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...

 of the Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...

 of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

.

Section 1 - Unauthorised use of uniforms; falsification of reports, forgery, personation, and false documents

Sections 1(1) and (2) provide:
The words in square brackets in section 1(1)(c) were repealed for England and Wales and Northern Ireland by section 30 of, and Part 1 of the Schedule to, the Forgery and Counterfeting Act 1981.

"Misdemeanour"

See the Criminal Law Act 1967
Criminal Law Act 1967
The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom. However, with some minor exceptions, it generally applies to only England and Wales. It made some major changes to English criminal law...

, the Criminal Law Act (Northern Ireland) 1967 and section 8(2) of this Act.

Sentence

A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding two years, or on summary conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding the prescribed sum
Prescribed sum
The prescribed sum is the maximum fine that may be imposed on summary conviction of certain offences in the United Kingdom. In England and Wales and Northern Ireland, it is now equivalent to level 5 on the standard scale, which it predates...

, or to both.

Section 2 - Communications with foreign agents to be evidence of commission of certain offences

This section creates a rule of evidence in prosecutions under section 1 of the 1911 Act.

Section 2(1) provides:
See R v Kent [1941] 1 KB 454, 28 Cr App R 23, 57 TLR 307, CCA
Court of Criminal Appeal
The Court of Criminal Appeal is the name of existing courts of Scotland and Ireland, and an historic court in England and Wales.- Ireland :See Court of Criminal Appeal ...



"The principal Act"

This means the Official Secrets Act 1911
Official Secrets Act 1911
The Official Secrets Act 1911 is an Act of the Parliament of the United Kingdom. It replaces the Official Secrets Act 1889....

 (see section 1 above).

Section 3 - Interfering with officers of the police or members of His Majesty’s forces

This section provides:
"In the vicinity of"

This expression means "in or in the vicinity of".

"Prohibited place"

This expression is defined by section 3 of the Official Secrets Act 1911
Official Secrets Act 1911
The Official Secrets Act 1911 is an Act of the Parliament of the United Kingdom. It replaces the Official Secrets Act 1889....

.

"Chief officer ... of police"

See section 11(1A) of this Act, section 101(1) of the Police Act 1996
Police Act 1996
The Police Act 1996 is an Act of the Parliament of the United Kingdom which defined the current police areas, constituted the current police authorities and set out the relationship between the Home Secretary and the territorial police forces. It replaced the Police and Magistrates Courts Act...

 and Schedule 1 to the Interpretation Act 1978
Interpretation Act 1978
The Interpretation Act 1978 is an Act of the Parliament of the United Kingdom. The Act makes provision for the interpretation of Acts of Parliament, Measures of the General Synod of the Church of England, Measures of the Church Assembly, subordinate legislation, "deeds and other instruments and...

.

"Superintendent ... of police"

See section 12 of the Official Secrets Act 1911
Official Secrets Act 1911
The Official Secrets Act 1911 is an Act of the Parliament of the United Kingdom. It replaces the Official Secrets Act 1889....

, which is applicable by virtue of section 11(1) of this Act.

"Misdemeanour"

See the Criminal Law Act 1967
Criminal Law Act 1967
The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom. However, with some minor exceptions, it generally applies to only England and Wales. It made some major changes to English criminal law...

, the Criminal Law Act (Northern Ireland) 1967 and section 8(2) of this Act.

Sentence

A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding two years, or on summary conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding the prescribed sum
Prescribed sum
The prescribed sum is the maximum fine that may be imposed on summary conviction of certain offences in the United Kingdom. In England and Wales and Northern Ireland, it is now equivalent to level 5 on the standard scale, which it predates...

, or to both.

Section 6 - Duty of giving information as to commission of offences

This section was substituted by section 1 of the Official Secrets Act 1939
Official Secrets Act 1939
The Official Secrets Act 1939 is an Act of the Parliament of the United Kingdom. It substitutes a new section 6 into the Official Secrets Act 1920, which limits the scope of that offence to offences under section 1 of the Official Secrets Act 1911...

. It now provides:
References to a chief officer of police, a Secretary of State and the rank of inspector

See section 2(2) of the Official Secrets Act 1939.

"Misdemeanour"

See the Criminal Law Act 1967
Criminal Law Act 1967
The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom. However, with some minor exceptions, it generally applies to only England and Wales. It made some major changes to English criminal law...

, the Criminal Law Act (Northern Ireland) 1967 and section 8(2) of this Act.

Sentence

A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding two years, or on summary conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding the prescribed sum
Prescribed sum
The prescribed sum is the maximum fine that may be imposed on summary conviction of certain offences in the United Kingdom. In England and Wales and Northern Ireland, it is now equivalent to level 5 on the standard scale, which it predates...

, or to both.

Section 7 - Attempts, incitements, &c.

This section provides:
"The principal Act"

This means the Official Secrets Act 1911
Official Secrets Act 1911
The Official Secrets Act 1911 is an Act of the Parliament of the United Kingdom. It replaces the Official Secrets Act 1889....

. (see section 1)

"Aids or abets and does any act preparatory"

The word "and" in this expression must be read as "or". This is necessary in order to make intelligible sense of the section.

See also R v Bingham [1973] QB 870, 57 Cr App R 439, [1973] 2 WLR 520, [1973] 2 All ER 89, [1973] Crim LR 309, CA
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...



Doing an act preparatory to the commission of a crime is not necessarily a crime in any part of the United Kingdom. This offence is an exception.

Section 8 - Provisions as to trial and punishment of offences

This section provides the penalties for the offences under this Act and under the Official Secrets Act 1911
Official Secrets Act 1911
The Official Secrets Act 1911 is an Act of the Parliament of the United Kingdom. It replaces the Official Secrets Act 1889....

.

Section 8(2)

The words omitted were repealed for England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

 by section 1(2) of the Criminal Justice Act 1948
Criminal Justice Act 1948
The Criminal Justice Act 1948 is an Act of the Parliament of the United Kingdom. It has been described as "one of the most important measures relating to the reform of the criminal law and its administration." It abolished penal servitude, hard labour and prison divisions for England and Wales...

 (c. 58), for Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...

 by section 1(2) of the Criminal Justice Act (Northern Ireland) 1953, and for Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...

 by section 221(2) of the Criminal Procedure (Scotland) Act 1975 (c. 21).

"The Summary Juridiction Acts"

The effect of section 17(2)(a) of the Interpretation Act 1978
Interpretation Act 1978
The Interpretation Act 1978 is an Act of the Parliament of the United Kingdom. The Act makes provision for the interpretation of Acts of Parliament, Measures of the General Synod of the Church of England, Measures of the Church Assembly, subordinate legislation, "deeds and other instruments and...

 is that the reference to the Summary Jurisdiction Acts must be construed as a reference to the Magistrates' Courts Act 1980
Magistrates' Courts Act 1980
The Magistrates' Courts Act 1980 is an Act of the Parliament of the United Kingdom. It codifies the procedures applicable in magistrates' courts in the United Kingdom and largely replaces the Magistrates' Courts Act 1952...



"Fifty pounds"

The reference to a fine not exceeding fifty pounds must be construed as a reference to a fine not exceeding the prescribed sum
Prescribed sum
The prescribed sum is the maximum fine that may be imposed on summary conviction of certain offences in the United Kingdom. In England and Wales and Northern Ireland, it is now equivalent to level 5 on the standard scale, which it predates...

.

Section 8(4)

See Attorney General v Leveller Magazine Ltd [1979] AC 440, 68 Cr App R 343, [1979] 2 WLR 247, [1979] 1 All ER 745, [1979] Crim LR 247, HL
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....

, reversing [1979] QB 31, [1978] 3 WLR 395, [1978] 3 All ER 731, [1978] Crim LR 627, DC
Divisional Court
A Divisional Court, in relation to the High Court of Justice of England and Wales, means a court sitting with at least two judges. Matters heard by a Divisional Court include some criminal cases in the High Court as well as certain judicial review cases...


External links

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