July 18, 2024
Barnaby Jameson KC and Theo Burges ( Pupil Barrister) have written a major article examining the National Security Act 2023 (NSA 2023) in July’s issue of the Archbold Review.
They comment in the piece:
“The NSA 2023 is the largest step forward in espionage legislation since 1911. It fundamentally changes the legal landscape and enables prosecuting authorities to consider a whole host of charges with which to tackle hostile espionage. As a greater range of conduct has been included in the NSA 2023, behaviour that was previously outside the scope of OSA 1911 can now meet the test of a reasonable prospect of conviction.
Indeed, the Director General of MI5 has recently stated that the organisation now intends to prosecute espionage cases in the same manner as it currently prosecutes terrorism cases. This means that espionage law could well be a new legal growth sector, as the scope of the NSA 2023 will enable a greater range of conduct to be targeted, possibly leading to an increased number of espionage-related cases.”
The article looks in detail at:
The original Official Secrets Act regime.
The Official Secrets Acts 1911, 1920 and 1939.
The Security Service Act 1989.
The NSA 2023 and new offences including:
• Assisting a foreign intelligence service
• Activities of agents of foreign powers
• Sabotage
• Election Interference
• Overthrowing parliamentary democracy
Read article here: [ Archbold Review Issue 6 2024]
Barnaby Jameson KC has been instructed in a number of high profile terrorist cases across the last two decades including plots to overthrow governments, plots to assassinate politicians, terrorist murder cases and terrorist bombings in the UK and overseas. He is also an editor of Archbold with responsibility for Chapter 25: “Terrorism and Offences against Crown and Government”. Read more: [Barnaby Jameson KC Profile ]
Theo Burges (Pupil Barrister) has a specific interest in national security, espionage law and the impact of the National Security Act 2023. Read more: [Theo Burges Profile ]
