' ' I 

REF ID:A39905 

Official Secrets Act, 1911. 

[l & 2 GEO. 5. CH. 28.] 

ARRANGEMENT OF SECTIONS. 

Section. 

1. Penalties for spying; 

2. ·wrongful communication, &c. of information. 

3. Definition of prohibited place. 

4. Attempts to commit offence, or incitement to 

commit offence, under Act. 

5. Person charged with felony under Act may be 

convicted of misdemeanour under Act. • 

6. 

,.., '. 8. 

9. 

10. 

11. 

12. 

13. 

Power to arrest. 

Penalty for harbouring spies. 

Restriction on prosecution. 

Search warrants. 

Extent of Act and place of trial of offence. 

Saving for laws of British possessions. 

Interpretation. · 

Short title and repeal. 

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A.D. 1911. 
REF ID:A39905 

[l & 2 GEo. 5.] Official Secret8 Act, 1911. [CH. 28.] 

CHAPTER 28. 

An Act to re-enact the Official Secrets Act, 1889, A.D. mu. 

with Amendments. [22nd August 1911.] 

BE it enacted by the King's most Excellent Majesty, 

by and with the advice and consent of the Lords 

Spiritual and Temporal, and Commons, in this present 

Parliament assembled, and by the authority of the same, 

as follows: 

1.-(1) If any person for any purpose prejudicial Penalti!'.8 

to the safety or interests of the State- for spymg. 

(a) approaches or is in the neighbourhood of, or 

enters any prohibited pla.ce within the meaning 

of this Act ; or 

(b) makes any sketch, plan; model, or note which 

is calculated to be or might be or is intended 

to be directly ot indirectly useful to an enemy; 

or 

(c) obtains or communicates to any other person 

any sketch, plan, model, article, or note, or 

other document or information which is calculated to he or might be or is intended to be 

directly or indirectly useful to an enemy; 

he shall be guilty of felony, and shall be liable to penal 

servitude for any term not less than three years and not 

exceeding seven years. 

(2) On a prosecution under this section, it shall not 

be necessary to show that the accused person was 

guilty of any particular act tending to show. a purpose 

prejugicia.J to the safety or interests of the State, and, 

2as1-14 A 2 3 
A.D. 1911. 

Wrongful 

communication, &c. of 

information. 

[CH. 28.] 

REF ID:A39905 

Official Secret8 Act, 1911. [l & 2 GEO. 5.] 

notwithstanding that no such act is proved against him, 

he may be convicted if, from the circumstances of the 

case, or his conduct, or his known character as proved, 

it appears that his purpose was a purpose prejudicial 

to the safety 0r interests of the State; and if any sketch, 

plan, model, article, note, document, or information 

relating to or used in any prohibited place within the 

mea.ning of this Act, or anything in such a place, is made, 

obtained, or communicated by any person other than a 

person acting under lawful authority, it shall be deemed 

to have been made, obtained, or communicated for a 

purpose prejttdicia.l to the safety or interests of the 

State unless the contrary is proved. 

2.-(1) If any person having in his possession or 

control any sketch, plan, model, article, note, document, 

or information which relates to or is used in a prohibited 

place or anything in such a place, or which has been 

made or obtained in contravention of this Act, or which 

has been entrusted in confidence to him by any person 

holding office under His Majesty or which he has obtained 

owing to his p<;>sitio~ as a person who holds or has held 

office under His MaJesty, or as a person who holds or 

has held a contract made on behalf of His Majesty, or as 

a person who is or has been employed under a person 

who holds or has held such an office or contract,--

( a) co:tnmunica.tes the sketch, plan, model, article, 

note, document, or information to any person, 

other than a person to whom he is authorised 

to communicate it, or a person to whom it 

is in the interest of the State his duty to 

communicate it, or 

(b) retains the sketch, plan, model, article, note, 

or document in his possession or control when 

he has no right to retain it or when it is contrary 

to his duty to retain it : 

that person shall be guilty of a misdemeanour. 

(2) If any person receives any sketch, plan, model, 

article, note, document, or information, knowing, or 

having reasonable ground to believe, at the time when 

he receives it, that the sketch, plan, model, article, note, 

document, or information is communicated to him in 

contravention of this Act, he shall be guilty of a misdemeanour, unless he proves that the communication 

to him of the sketch, plan, model, article, note, document, 

or information was contrary to his desire. 

4 
REF ID:A39905 

[I & 2 GEO. 5.] Official Secrets Act, 1911. [CH. 28.) 

(3) A person guilty of a misdemeanour under A.D. 1911. 

this section shall be liable to imprisonment with or 

without ha.rd labour for a term not exceeding two years, 

or to a fine, or to both imprisonment and a fine. 

3. For the purposes of this Act, the expression Definitionof 

" prohibited place '' means~ prohibited 

(a) any work of defence, arsenal, factory, dockyard, 

camp, ship, telegraph or signal station, or office 

belonging to His Majesty, and any other place 

belonging to His Majesty used for the purpose of building, repairing, making, or storing 

any ship, arms, or other ma.terials or instruments of use in time of wa.r, or any plans or 

documents relating thereto; and 

place. 

(b) any place not belonging to His Majesty where 

any ship, arms, or other materials or instmmenta of use in time of wa.r, or any plans or 

documents relating thereto, are being made, 

repaired, or stored under contract with, or 

with any person on behalf of, His Majesty, or 

ot;herwise on behalf of His Majesty; and 

(c) any place belonging to ·His :Majesty which is 

for the time being declared by a Secretary of 

State to be a prohibited place for the purposes 

of this section on the ground that information 

with respect thereto, or damage thereto, would 

be useful to an enemy; and 

(d) any railway, road, way, or channel, or other 

means of communication by land or water 

(including any works or structures being part 

thereof or connected therewith), or any place 

used for gas, water, or electricity works or 

other works for purposes of a public character, 

or any place where any ship, arms, or other 

materials or instruments of use in time of war, 

or any plans or documents relating thereto, 

are being made, repaired, or stored otherwise 

than on behalf of His Majesty, which is for 

the time being declared by a Secretary of State 

to be a prohibited place for the purposes of 

this section, on the ground that information 

with respect thereto, or the destruction or 

obstruction thereof, or interlerence therewith, 

would be useful to an enemy. 

A3 5 
A.D. 1911. 

Attemtps to 

commit 

offence, or 

incitement 

to commit 

offence, 

under Act. 

[CH. 28.J 

REF ID:A39905 

Official Secrets Act, 1911. [1 & 2 GEO. 5.] 

4. Any person who attempts to commit any offence 

under this Act, or incites, or counsels, or attempts to 

procure another person to commit an offence under this 

Act, shall be guilty of felony or of a misdemeanour 

according as the offence in question is felony or mis· 

demeanour, and on conviction shall be liable to the same 

punishment, and to be proceeded against in the same 

manner, as if he had committed the offence. 

Person charged 5. Any person charged with an offence which is 

with felony under f l d hi A if h . Act may be con- a e ony un er t S ct may, t e Circumstances warrant 

vlcted of mis- h fi d' b f d uilt f ff hi h ' demeanourunder sue a n mg, e oun g y o an o ence w c IS a 

Act. misdemeanour under this Act. 

Power to 

arrest. 

Penalty for 

harbouring 

spies. 

Restriction 

on prosecution. 

6. Any person who is found committing an offence 

under this Act, whether that offence is a felony or not, 

or who is reasonably suspected of having committed, 

or having attempted to commit, or being about to commit, 

such an offence, may be apprehended and detained in 

the same manner as a person who is found committing 

a felony. 

7. li any person knowingly harbours any person 

whom he knows, or has reasonable grounds for supposing, 

to be a person who is about to commit or who has com· 

mitted an offenoe under this Act, or knowingly permits 

to meet or assemble in any premises in his occupation 

or under his control any such persons, or if any person 

having harboured any such person, or permitted to 

meet or assemble in any premises in his occupation or 

under his control any such persons, wilfully refuses 

to disclose to a superintendent of police any information 

which it is in his power to give in relation to any such 

person he shall be guilty of a misdemeanour and liable 

to imprisonment with or without hard labour for a 

term not exceeding one year, or to a fine, or to both 

imprisonment and a fine. 

8. A prosecution for an offence under this Act 

shall not be instituted except by or with the consent 

of the Attorney-General : 

Provided that a person charged with such an offence 

may be arrested, or a warrant for his arrest may be 

issued and executed, and any such person may be re· 

mantled in custody or on bail, notwithstanding that 

the consent of the Attorney-General to the institution 

of a prosecution for the offence has not been obtained, 

but no further or other proceedings shall be taken until 

that consent has been obtained. 

6 
REF ID:A39905 

[1 & 2 GEO. 5.] Official Secrets Act, 1911. [CH. 28.] 

9.-(1) If a justice of the peace is satisfied by A.D. 1911. 

information on oath that there is reasonable ground S h 

for suspecting that an offence under this Act has been w:~:nts. or is about to be committed, he may grant a search 

warrant authorising any constable named therein to 

enter at any time any premises or place named in the 

warrant, if necessary, by force, and to search the premises 

or place and every person found therein, and to seize 

any sketch, plan, model, article, note,, or document, or 

anything of a like nature or anything which is evidence 

of an offence under this Act having been or being about 

to be committed~ which he may find on the premises 

or place or on any such person, and with regard to or 

in conne~ion with which he has reasonable ground 

for suspecting that an offence under this Act has been 

or is about to be committed. 

(2) Where it appears to a superintendent of police 

that the case is one of great emergency and that in the 

interest of the State immediate action is necessary, 

he may by a written order under his hand give to any 

constable the like authority as may be given by the 

warrant of a justice under this section. 

10.-(1) This Act shall apply to all acts which Extent of 

are offences under this Act when committed in any Act and 

part of His Majesty's dominions, or when committed P~~e 1£ 

by British officers or subjects elsewhere. ~~:n~e (2) An offence under this Act, if. alleged to have · 

been committed out of the United Kingdom, may be 

inquired of, heard, and determined, in any competent 

British court in the place where the offence was committed, or in the High Court in England or the Central 

Criminal Court, and the Criminal Jurisdiction Act, 42 Geo. 3. 

1802, shall apply in like manner as if the offence were c. 85. 

mentioned in tha.t Act, and the CentraJ Criminal Court 

as well as the High Court possessed the jurisdiction 

given by that Act to the Court of King's Bench. 

(3) An offence under this Act shall not be tried 

by any court of general or quarter sessions, nor by the 

sheriff court in Scotland, nor by any court out of the 

United Kingdom whfoh has not jurisdiction to try 

crimes which involve the greatest punishment allowed 

by law. 

(4) The provisions of the Criminal Law and Pro- 50& 51 Viet. 

cedure (Ireland) Act, 1887, shall not apply to any trial c. 20. 

under the provisions of this Act. 

7 
A.D. 1911. 

Saving for 

laws of 

British 

possessions. 

Interpretation. 

[CH. 28.J 

REF ID:A39905 

Official Secrets Act, 1911. [1 & 2 GEO. 5.] 

11. If by any law made before or after the passing 

of this Act by the legislature of any British possession 

provisions are made which appear to His Majesty to 

be of the like effect as those contained in this Act, His 

Majesty may, by Order in Council, suspend the operation 

within that British possession of this Act, or of any part 

thereof, so long as that law continues in force there, 

and no longer, and the Order shall have effect as if 

it were enacted in this Act : 

Provided that the suspension of this Act, or of any 

part thereof, in any British possession shall not extend 

to the holder of an office under His Majesty who is 

not appointed to that office by the Government of that 

possession. 

12. In this Act, unless the context otherwise 

requires,-

Any reference to a place belonging to His Majesty 

includes a place belonging to any department 

of the Government of the United Kingdom or 

of any British possessions, whether the place is 

or is not actually vested in His Majesty; 

The expression "Attorney-General" means the 

Attorney or Solicitor-General for England; and 

as respects Scotland, means the Lord Advocate; 

and as respects Ireland, means the Attorney 

or Solicitor-General for Ireland ; and, if the 

prosecution is instituted in any court out of the 

United Kingdom, means the person who in that 

court is Attorney-General, or exercises the like 

functions as the Attorney-General in England; 

Expressions referring to communicating or receiving 

include any communicating or receiving, whether 

in whole or in part, and whether the sketch, 

plan, model, article, note, document, or information 

itself or the substance, effect, or description 

thereof only be communicated or received; expressions referring to obtaining or retaining any 

sketch, plan, model, article, note, or document, 

include the copying or causing to be copied the 

whole or any part of any sketch, plan, model, 

article, note, or document; and expressions 

referring to the communication of any sketch, 

pla-μ, model, article, note or document include 

the transfer or transmission of the sketch, plan, 

model, article, note or document; 

8 
r 

REF ID:A39905 

[l & 2 GEO. 5.] Official Secrets Act, 1911. [CH. 28.] 

The expression "document" includes part of a A.D. 1911. 

document; 

The expression " model " includes design, pattern, 

and specimen; 

The expression "sketch" includes any photograph 

or other mode of representing any place or thing; 

The expression " superintendent of police " includes 

any police officer of a like or superior rank; 

The expression "office under His Majesty" includes 

any office or employment in or under any department of the Government of the United Kingdom, 

or of any British possession ; 

The expression " offence under this Act " includes 

any act, omission, or other thing which is 

punishable under this Act. 

13.-(1) This Act may be cited as the Official Short title 

Secrets Act, 1911. and repeal. 

(2) The Official Secrets Act, 1889, is hereby repealed. 52& 53Vict. 

c. 52. 

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REF ID:A39905