Part 1Espionage, sabotage and persons acting for foreign powers

Espionage etc

I1I23Assisting a foreign intelligence service

1

A person commits an offence if the person—

a

engages in conduct of any kind, and

b

intends that conduct to materially assist a foreign intelligence service in carrying out UK-related activities.

2

A person commits an offence if the person—

a

engages in conduct that is likely to materially assist a foreign intelligence service in carrying out UK-related activities, and

b

knows, or having regard to other matters known to them ought reasonably to know, that their conduct is likely to materially assist a foreign intelligence service in carrying out UK-related activities.

3

Conduct that may be likely to materially assist a foreign intelligence service includes providing, or providing access to, information, goods, services or financial benefits (whether directly or indirectly).

4

“UK-related activities” means—

a

activities taking place in the United Kingdom;

b

activities taking place outside the United Kingdom which are prejudicial to the safety or interests of the United Kingdom.

5

For the purposes of subsections (1) and (2) it is not necessary to identify a particular foreign intelligence service.

6

Subsections (1) and (2) apply to conduct outside the United Kingdom, but apply to conduct taking place wholly outside the United Kingdom only if the person engaging in the conduct—

a

is a UK person, or

b

acts for or on behalf of, or holds office under, the Crown, or is in Crown employment (whether or not they engage in the conduct in that capacity).

7

In proceedings for an offence under this section it is a defence to show that the person engaged in the conduct in question—

a

in compliance with a legal obligation under the law of the United Kingdom which is not a legal obligation under private law,

b

in the case of a person having functions of a public nature under the law of the United Kingdom, for the purposes of those functions,

c

as a lawyer carrying on a legal activity, or

d

in accordance with, or in relation to UK-related activities carried out in accordance with, an agreement or arrangement to which—

i

the United Kingdom was a party, or

ii

any person acting for or on behalf of, or holding office under, the Crown was (in that capacity) a party.

8

A person is taken to have shown a matter mentioned in subsection (7) if—

a

sufficient evidence of the matter is adduced to raise an issue with respect to it, and

b

the contrary is not proved beyond reasonable doubt.

9

A person who commits an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 14 years or a fine (or both).

10

In this section—

  • “Crown employment” means employment under or for the purposes of a government department or any officer or body exercising on behalf of the Crown functions conferred by an enactment;

  • “financial benefit” means money or money’s worth;

  • “foreign intelligence service” means any person whose functions include carrying out intelligence activities for or on behalf of a foreign power;

  • the “law of the United Kingdom” includes the law of any part of the United Kingdom;

  • “lawyer” has the meaning given by paragraph 6(3) of Schedule 15;

  • “legal activity” has the meaning given by paragraph 6(4) of Schedule 15;

  • “UK person” has the same meaning as in section 2.