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The Guardian - UK
The Guardian - UK
Politics
Dan Sabbagh Defence and security editor

Why prosecutors are reluctant to use ‘notoriously flaky’ Official Secrets Act

Houses of Parliament exterior
The Official Secrets Act, an archaic and poorly drafted piece of legislation, has been the cornerstone of the criminalisation of espionage for more than a century. Photograph: Vuk Valcic/Zum Press Wire/Shutterstock

The arrest in March of a parliamentary researcher and a second man accused of spying for China is a last gasp of the 1911 Official Secrets Act, an archaic and poorly drafted piece of legislation that has nevertheless been the cornerstone of the criminalisation of espionage for more than a century.

Drafted at a time of rising public concern about a possible German seaborne invasion of Britain, section one of the 1911 act refers to sketches, plans and “any secret official code word” and talks only of enemies – the language of war – to whom potentially useful information should not be passed.

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