Part 1Espionage, sabotage and persons acting for foreign powers

Powers of investigation etc

30Offences under Part 2 of the Serious Crime Act 2007

1

Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) is amended as follows.

2

After section 50 insert—

50AExtra-territorial offences: defence for intelligence services and armed forces

1

This section applies where a person is charged with an offence under this Part by reason of a provision of Schedule 4 (extra-territorial jurisdiction).

2

It is a defence for the person to show that their act was necessary for—

a

the proper exercise of a function of an intelligence service, or

b

the proper exercise of a function of the armed forces relating to intelligence.

3

A person is taken to have shown that their act was so necessary if—

a

sufficient evidence of that fact is adduced to raise an issue with respect to it, and

b

the contrary is not proved beyond reasonable doubt.

4

The head of each intelligence service must ensure that the service has in place arrangements designed to ensure that acts of a member of the service to which a provision of Schedule 4 applies are necessary for the proper exercise of a function of the service.

5

The Defence Council must ensure that the armed forces have in place arrangements designed to ensure that acts of—

a

a member of the armed forces, or

b

a civilian subject to service discipline when working in support of a member of the armed forces,

to which a provision of Schedule 4 applies are necessary for the proper exercise of a function of the armed forces relating to intelligence.

6

The arrangements which must be in place by virtue of subsection (4) or (5) must be arrangements which the Secretary of State considers to be satisfactory.

7

In this section—

  • “armed forces” means His Majesty’s forces (within the meaning of the Armed Forces Act 2006);

  • “civilian subject to service discipline” has the same meaning as in the Armed Forces Act 2006;

  • “GCHQ” has the meaning given by section 3(3) of the Intelligence Services Act 1994;

  • “head” means—

    1. a

      in relation to the Security Service, the Director General of the Security Service,

    2. b

      in relation to the Secret Intelligence Service, the Chief of the Secret Intelligence Service, and

    3. c

      in relation to GCHQ, the Director of GCHQ;

  • “intelligence service” means the Security Service, the Secret Intelligence Service or GCHQ.

3

For the heading before section 50 substitute “Defences”.