§ Mr. Flemingasked the Home Secretary who decides to make an arrest when it is alleged that a journalist has committed an offence against the Official Secrets Act and who is the authority who decides that the secret in question is official?
§ Sir S. Hoare:A prosecution for an offence against the Official Secrets Acts cannot be instituted in England and Wales except by or with the consent of the Attorney-General. When such a prosecution is instituted, it is for the Court to decide whether such information as has been improperly obtained or disclosed is information of the kind covered by the Acts. If the circumstances are such as 1404W to make it necessary to arrest rather than to summon a suspect and there is no time for prior consultation with the Attorney-General, the police officer who makes the arrest must forthwith charge the suspect before a Court. The Court may then if it thinks fit remand the accused, but no further proceedings can be taken until the consent of the Attorney-General is obtained.