ABSTRACT

This chapter explores in greater depth the meaning of key terms associated with section 1 of the Official Secrets Act, 1911, illustrating the meanings by reference to recent espionage and related offences. However, espionage is the most serious crime covered by the Official Secrets Acts 1911-1989. Therefore, the author's are reversing the usual practice and begin the chapter with the most important definitions, being those which relate to crimes of espionage and to section 1 of the 1911 Act, as amended. The export control prohibitions and restrictions to curb the problem of industrial espionage may prove inadequate in the future, particularly in instances where intent to damage the State is present. By 1920 a second easement of proof was found necessary in connection with the 'useful to an enemy' test, because of continuing difficulties in obtaining evidence of crimes of espionage.