The National Security Act 2023 | Assisting a Foreign Intelligence Service
In previous articles, we have discussed various sections of The National Security Act 2023, including 'Obtaining or Disclosing Trade Secrets' and 'Obtaining or Disclosing Protected Information.’ We focussed on Sections 1, 2 & 31 of Part 1 of the National Security Act 2023, which is designed to counter the evolving security threats to the United Kingdom.
Section 3 of the National Security Act 2023 creates the offence of ‘Assisting a foreign intelligence service’ whilst section 13 makes provision for ‘Foreign interference’.
The Counter Terrorism Command recently charged three individuals arrested for alleged offences under sections 3 and 13. They were arrested under section 27 of the National Security Act 2023 which allows for an ‘Arrest without warrant’.
John Veale of KANGS outlines these important sections of the Act.
The Relevant Sections of The National Security Act
Section 3 - Assisting a foreign intelligence service
A person commits an offence if that person:
- engages in conduct of any kind and
- intends that conduct to materially assist a foreign intelligence service in carrying out UK related activities.
An offence is committed by a person who:
- engages in conduct that is likely to materially assist a foreign intelligence service in carrying out UK related activities and
- who knows, or ought reasonably to know, that their conduct is likely to materially assist a foreign intelligence service in carrying out UK related activities.
Conduct that may be likely to assist includes providing, or providing access to information, goods, services or financial benefits.
UK related activities mean those:
- taking place in the UK,
- taking place outside the UK which are prejudicial to the safety or interests of the UK.
The offences apply to conduct outside the UK, but to conduct which takes place wholly outside the UK only if the person engaging in the conduct:
- is a UK citizen or
- acts for or on behalf of or holds office under or is in Crown employment.
Section 13 - Foreign interference
A person commits an offence if:
- that person engages in prohibited conduct,
- the foreign power condition is met in relation to such conduct,
- that person intends the prohibited conduct, or a course of conduct of which it forms part, to have an interference effect.
An offence is committed by a person who:
- engages in prohibited conduct
- the foreign power condition is met in relation to such conduct, and
- that person is reckless as to whether the prohibited conduct, or a course of conduct of which it forms part, will have an interference effect.
A person commits an offence:
- if that person engages in a course of conduct with one or more other persons, where
- the foreign power condition is met in relation to the conduct of that person, and
- that person intends the course of conduct to have an interference effect,
- as part of the course of conduct of another person engages in prohibited conduct and
- that person intends or believes that, as part of the course of conduct, another person will engage in prohibited conduct.
Prohibited conduct is conduct that constitutes an offence in the UK, or, if carried out elsewhere, would constitute an offence in the UK, if it involves coercion of any kind or involves misrepresentation or false representation.
Interference includes interference with any person’s human rights, exercise of any person’s public function, or use of public services, any person’s participation in a relevant political process or any person’s safety or interests.
Section 27 Arrest without warrant.
A constable may arrest without a warrant anyone who the constable reasonably suspects is, or has been, involved in foreign power threat activity.
Following arrest, detailed and extensive regulations upon detention of the suspect apply.
Potential Defence
A potential defence is available to any person alleged to be engaged in such activity if it can be shown that they were:
- acting in compliance with a legal obligation under UK public law,
- conducting functions of a public nature under UK law, such as a lawyer carrying on a legal activity,
- acting in accordance with or in relation to UK related activities carried out under an agreement or arrangement to which the UK is party or
- acting for and on behalf of the Crown or acting in the Crown’s name as a party.
Sufficient evidence to assert such a defence must be raised by a defendant and it is for the prosecution to prove to the contrary beyond a reasonable doubt.
Consequences of Conviction
Offences committed under sections 3 and 13 of the National Security Act 2023 are criminal offences triable before a Crown Court. Upon conviction, a person is liable to face a fine and/or a term of imprisonment not exceeding fourteen years.
Who Can I Contact for Advice & Help?
The consequences of conviction for any offence under the National Security Act 2023 can be seen to be extremely onerous. Accordingly, if you are arrested for any such offence or, indeed, any other criminal offence you should seek immediate professional advice.
At KANGS we possess a wealth of experience gained from defending clients facing criminal Investigation and Prosecution over many years, which has resulted in the enviable nationwide reputation that we now enjoy.
If you need legal advice or assistance, we are here to help, please do not hesitate to reach out using the details below:
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through live conferencing or telephone.
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