§ Mr. Peter Bruinvelsasked the Attorney-General how many prosecutions there have been since 1955 under section 2 of the Official Secrets Act 1911; of these prosecutions, how many resulted in convictions; and what was the average term of imprisonment imposed.
§ The Attorney-GeneralProceedings under section 2 of the Official Secrets Act 1911 have been instituted against 51 persons and one company since 1955. The charges against four defendants were withdrawn at the magistrates' court. Thirty-six were prosecuted to conviction and nine were acquitted. In one case the defendant was discharged by examining justices in respect of all save one charge which was withdrawn, and two cases remain pending. Fifteen of those convicted received immediate custodial sentences. The average length of 14 of those sentences was 15 months. The remaining custodial sentence of four years included penalties for other offences.
§ Mr. Peter Bruinvelsasked the Attorney-General if he is satisfied with the operation of section 2 of the Official Secrets Act 1911.
§ The Attorney-GeneralMy responsibility is for the enforcement of the law as it stands. I am satisfied that it is enforced sensibly and fairly.
§ Mr. Peter Bruinvelsasked the Attorney-General how many civil servants have been prosecuted under the Official Secrets Act in each of the last 10 years; and if he will break down the figures according to the section of the Act under which the prosecution was brought.
§ The Attorney-GeneralThe following table provides details of the prosecutions against civil servants under sections 1 and 2 of the Official Secrets Act 1911 for 1974 and subsequent years. There were no prosecutions other than under sections 1 and 2.
326W
Prosecutions under section 1 Prosecutions under section 2 1974 — — 1975 — — 1976 — — 1977 — — 1978 — — 1979 *1 1 1980 — *1 1981 — 1 1982 1 1 1983 — 2 1984 1 1 1985 — †l * Withdrawn at magistrates court. † Plus one pending.
§ Mr. John Morrisasked the Attorney-General how many prosecutions there have been under section 2 of the Official Secrets Act (a) since 1979 and (b) since 1955.
§ The Attorney-GeneralProceedings under section 2 of the Official Secrets Act 1911 have been instituted against 51 persons and one company since 1955 and against 20 persons since 1979.
§ Mr. Kaufmanasked the Attorney-General if he will publish in the Official Report the guidelines regarding prosecution to which he referred in his statement of 12 February, Official Report, column 180.
§ The Attorney-GeneralThe guidelines regarding prosecution to which I referred in my statement of 12 February 1985 was the document setting out the criteria for prosecution which I drew up for the guidance of all who prosecute on behalf of the public, and published in February 1983. The issue of these guidelines was one of the interim measures announced on 27 July 1982 by my right hon. and noble Friend the then Home Secretary pending the introduction of a prosecution service independent of the police. A copy of these guidelines was placed in the Library of the House on 14 February 1983.
At the same time they were drawn to the attention of chief officers of police and other bodies with a prosecution function by my right hon. and noble Friend the then Home Secretary. My Department has supplied copies of these guidelines as and when they have been requested, and I am satisfied that no further publication of them is required at this time.
§ Mr. Maddenasked the Attorney-General on how many occasions he had consultations with Ministers in 1984 in respect of senior civil servants being prosecuted under the Official Secrets Act.
§ The Attorney-GeneralNone.