Measures to counter state threats (Parts 1 and 2) Part 1 – Criminal offences
As set out in paragraph 16 the provisions in Part 1 of the Act replace the existing offences in the Official Secrets Acts 1911, 1920 and 1939. The relevant parts of these Acts are as follows.
	Section 1 of the Official Secrets Act 1911 which creates three distinct offences:
Section 1(1)(a) – makes it an offence for a person, for any purpose prejudicial to the safety or interests of the state to approach, inspect, pass over, be in the neighbourhood of, or enter any prohibited place as that term is defined in the Act.
Section 1(1)(b) – makes it an offence for a person for any purpose prejudicial to the safety or interests of the state to make any sketch, plan, model or note which is calculated to be, or might be, or is intended to be directly or indirectly useful to an enemy.
Section 1(1)(c) – makes it an offence for a person for any purpose prejudicial to the safety or interests of the state to obtain, collect, record, publish, or communicate to any other person, any secret official code word, or pass word, or any sketch, plan, model, article, note, or other document or information which is calculated to be, or might be or is intended to be directly or indirectly useful to an enemy.
	The maximum available penalty for these offences is 14 years and their application is limited to British citizens.
	The offence in section 1 has been considered by the Courts on a number of occasions. The lead case is Chandler v DPP [1964] 1 AC 763. It concerned the prosecution of persons taking part in protests by the Campaign for Nuclear Disarmament that sought to disable a military airbase. In its ruling the House of Lords made three important points.
	First, it confirmed that the offence in section 1 was not limited to spying but could encompass other activity that fell within its different limbs including behaviour that might be characterised as sabotage. Second, the Lords considered the meaning of "purpose prejudicial to the safety or interests of the state". On this point the judgment decided that the question to be considered was whether the defendants "immediate purpose" (here to prevent aircraft taking off) was prejudicial to the safety or interests of the state and that their long-term purpose or motivation (nuclear disarmament) was irrelevant. Third, the Lords considered the meaning of the term "safety or interests of the State" finding in summary that it meant the objects of state policy determined by the Crown on the advice of Ministers.
	A number of the offences in Part 1 of the National Security Act are a modernisation of the different elements of the section 1 1911 offence. Some incorporate a concept of "prejudice to the safety or interest of the UK" using the term "UK" for clarity but reflecting on the interpretation in Chandler.
	Further, references to the term "enemy" have been removed, and the National Security Act instead focusses predominantly on activity that is for or on behalf of, or intended to benefit, a foreign power.
	Section 3 of the 1911 Act provides a definition of a prohibited place for the purposes of the espionage offence in section 1 of that Act. This aspect of the Act is replaced by the regime set out in paragraph 16(b).
	Section 7 of the National Security Act provides for a number of offences that are collectively titled "harbouring spies". A number of offences in the Act address the relevant elements of this offence, including the offences of assisting a foreign intelligence service and the preparatory conduct offence.
	Section 9 of the National Security Act provides a power of search and seizure in relation to investigations under any of the Official Secrets Acts. This provision is being repealed and replaced with modernised powers in section 24 and Schedule 2.
	Section 7 of the Official Secrets Act 1920 provides a number of inchoate offences in respect of the principal offences under the Official Secrets Acts 1911 and 1920. These inchoate offences include attempting, inciting, aiding and abetting, or doing an act that is preparatory to, a principal offence. With the exception of the preparatory act offence, these inchoate offences are largely covered by other statutory provisions or by the common law (e.g., section 1 of the Criminal Attempts Act 1981 or the Serious Crime Act 2007 which provides for offences of assisting or encouraging other offences). In addition, certain of the offences in the Act catch elements of this conduct (e.g. the section 3 offence of assisting a foreign intelligence service). There is no need for specific provision to replace these aspects of the previous legislation.
	The Court of Appeal considered the meaning of the term "act preparatory to the commission of an offence" in R v Bingham [1973] QB 870, finding that an individual will commit an offence under section 7 of the Official Secrets Act 1920 if he or she does an act that "opens the door to the commission of an offence" with the necessary intent. This offence under section 7 is replaced by the provisions set out in paragraph 16(g).