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Official Secrets Act 1989

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This is the original version (as it was originally enacted).

11Arrest, search and trial

(1)In section 24(2) of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (arrestable offences) in paragraph (b) for the words “the Official Secrets Acts 1911 and 1920” there shall be substituted the words “the Official Secrets Act 1920” and after that paragraph there shall be inserted—

(bb)offences under any provision of the Official Secrets Act 1989 except section 8(1), (4) or (5);.

(2)Offences under any provision of this Act other than section 8(1), (4) or (5) and attempts to commit them shall be arrestable offences within the meaning of section 2 of the [1967 c. 18 (N.I.).] Criminal Law Act (Northern Ireland) 1967.

(3)Section 9(1) of the [1911 c. 28.] Official Secrets Act 1911 (search warrants) shall have effect as if references to offences under that Act included references to offences under any provision of this Act other than section 8(1), (4) or (5); and the following provisions of the Police and Criminal Evidence Act 1984, that is to say—

(a)section 9(2) (which excludes items subject to legal privilege and certain other material from powers of search conferred by previous enactments); and

(b)paragraph 3(b) of Schedule 1 (which prescribes access conditions for the special procedure laid down in that Schedule),

shall apply to section 9(1) of the said Act of 1911 as extended by this subsection as they apply to that section as originally enacted.

(4)Section 8(4) of the [1920 c. 75.] Official Secrets Act 1920 (exclusion of public from hearing on grounds of national safety) shall have effect as if references to offences under that Act included references to offences under any provision of this Act other than section 8(1), (4) or (5).

(5)Proceedings for an offence under this Act may be taken in any place in the United Kingdom.

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