The Official Secrets Act 1920 (10 & 11 Geo. 5. c. 75) was an act of the Parliament of the United Kingdom.
The act was repealed by and replaced with the National Security Act 2023 (c. 32).
In the Republic of Ireland, the act was repealed by the Official Secrets Act, 1963.
Section 1 – Unauthorised use of uniforms; falsification of reports, forgery, personation, and false documents
Sections 1(1) and (2) of the act provided:
"Misdemeanour"
See the Criminal Law Act 1967, 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, or to both.The Official Secrets Act 1920, section 8(2); the Criminal Justice Act 1948, section 1(2); the Magistrates' Courts Act 1980, section 32(2); the Criminal Justice Act (Northern Ireland) 1953, section 1(2); the Criminal Procedure (Scotland) Act 1975, section 221(2).
Section 2 – Communications with foreign agents to be evidence of commission of certain offences Section 2 of the act created a rule of evidence in prosecutions under section 1 of the Official Secrets Act 1911.
Section 2(1) of the act provided:
See R v Kent 1 KB 454, 28 Cr App R 23, 57 TLR 307, CCA
"The principal Act"
This means the Official Secrets Act 1911 (see section 1 above).
Section 3 – Interfering with officers of the police or members of His Majesty’s forces Section 3 of the act provided:
"In the vicinity of"
This expression means "in or in the vicinity of".Adler v George 2 QB 7, 2 WLR 542, 1 All ER 628, DC
"Prohibited place"
This expression is defined by section 3 of the Official Secrets Act 1911.The definition is applicable by virtue of section 11(1) of this act
"Chief officer ... of police"
See section 11(1A) of this act, section 101(1) of the Police Act 1996 and Schedule 1 to the Interpretation Act 1978.
"Superintendent ... of police"
See section 12 of the Official Secrets Act 1911, which is applicable by virtue of section 11(1) of this act.
"Misdemeanour"
See the Criminal Law Act 1967, 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, or to both.
Section 6 – Duty of giving information as to commission of offences Section 6 of the act was substituted by section 1 of the Official Secrets Act 1939. After that amendment it provided:
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, 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, or to both.
Section 7 – Attempts, incitements, &c. This section provides:
"The principal Act"
This means the Official Secrets Act 1911. (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.R v Oakes 2 QB 350, 43 Cr App R 114, 2 WLR 694, 2 All ER 92, CCA
See also R v Bingham QB 870, 57 Cr App R 439, 2 WLR 520, 2 All ER 89, Crim LR 309, CA
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 Section 8 of the act provided the penalties for the offences under this act and under the Official Secrets Act 1911.
Section 8(2)
The words omitted were repealed for England and Wales by section 1(2) of the Criminal Justice Act 1948 (c. 58), for Northern Ireland by section 1(2) of the Criminal Justice Act (Northern Ireland) 1953, and for Scotland by section 221(2) of the Criminal Procedure (Scotland) Act 1975 (c. 21).
"The Summary Jurisdiction Acts"
The effect of section 17(2)(a) of the Interpretation Act 1978 is that the reference to the Summary Jurisdiction Acts must be construed as a reference to the Magistrates' Courts Act 1980Archbold Criminal Pleading, Evidence and Practice, 1999 Edition, paragraph 25–320 at page 2086
"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.The Magistrates' Courts Act 1980, section 32(2).
Section 8(4) See Attorney General v Leveller Magazine Ltd AC 440, 68 Cr App R 343, 2 WLR 247, 1 All ER 745, Crim LR 247, HL, reversing QB 31, 3 WLR 395, 3 All ER 731, Crim LR 627, DC
See also Halsbury's Statutes Official Secrets Act
Notes
References
External links