Part 1: Espionage, sabotage and persons acting for foreign powers Sabotage Section 12: Sabotage
Section 12 creates an offence of sabotage. Subsection (1) provides that an offence is committed where a person engages in conduct that results in damage to any asset (subsection (1)(a)) and the person intends their conduct to, or is reckless as to whether their conduct will, result in damage to an asset (subsection (1)(b)). In addition, the person’s conduct must be for a purpose that they know or, having regard to other matters known to them ought reasonably to know, is prejudicial to the safety or interests of the United Kingdom (subsection (1)(c), and the foreign power condition is met in relation to the person’s conduct (subsection (1)(d)). Section 32 sets out the foreign power condition, which includes if a person is tasked directly or indirectly by a foreign power to cause damage, or if the person intends their conduct that results in damage to benefit a foreign power. Foreign power is defined in section 33.
	Subsection (2) provides that the offence applies whether the person’s conduct takes place in the United Kingdom or elsewhere and whether the asset is in the United Kingdom or elsewhere. Extra-territorial jurisdiction is necessary because there are important assets overseas, damage to which could be prejudicial to the safety or interests of the UK.
	Subsection (3) defines the terms "asset" and "damage". An asset can be tangible or intangible and includes real and personal property, electronic systems, and information. "Damage" is not defined exhaustively, but includes destruction, alteration, contamination, interference, loss of or reduction in access or availability or loss of or reduction in function, utility, or reliability. This applies whether the damage is temporary or permanent. The offence of sabotage does not specify a level of damage, nor does it protect specific assets likely to be targeted, given the requirements for the foreign power condition to be met and for a purpose prejudicial to the safety or interests of the UK.
Example (1): where conduct involves a cyber intrusion
A person is directed by a foreign power to release malware into a water treatment facility. The malware results in damage by altering the operability of the facility’s safety functions (as the malware was designed to do), but it also results in further damage to the facility’s systems by releasing chemicals into the water, causing the site to shut down. As a result, millions of people are left without clean water.
Example (2): where the conduct takes place overseas / involves physical damage
A covert unit of people working for a foreign power blow up a gas pipeline which supplies the UK. This results in the alteration of supply to the UK and has serious consequences for UK homes and businesses.
Example (3): where the conduct involves an omission
A person working as a contractor for a nuclear energy company agrees to work for a foreign power. They are instructed to not implement compulsory safety protocols which result in the site they are working on being shut down due to a suspected radiation leak. This results in delays to a critical nuclear technology being developed as well as wide-spread grid damage. Millions of people are left without power.
	The offence will be triable on indictment only. Subsection (4) provides for a penalty of life imprisonment or a fine (or both).