Official Secrets Act 1963

Restriction on prosecution.


14.—(1) Proceedings for any offence under this Act shall not be instituted except by or with the consent of the Attorney General.

(2) Before such consent is obtained a person charged with an offence under section 9 may be arrested, or a warrant for his arrest may be issued and executed, and he may be remanded in custody or on bail, but not in any case to a date later than eight days after he has been first remanded, and no further proceedings shall be taken until such consent is obtained.


Modifications (not altering text):


Function of Attorney General confirmed (19.01.1975) by Prosecution of Offences Act 1974 (22/1974), s. 3(5), S.I. No. 3 of 1975, notwithstanding the general transfer of functions (to the Director of Public Prosecutions) effected by subs. (1) thereof.

Functions of Director.

3.—(1) Subject to the provisions of this Act, the Director shall perform all the functions capable of being performed in relation to criminal matters and in relation to election petitions and referendum petitions by the Attorney General immediately before the commencement of this section and references to the Attorney General in any statute or statutory instrument in force immediately before such commencement shall be construed accordingly.


(5) Notwithstanding anything in this section, where a person is charged with an offence under section 3 of the Geneva Conventions Act, 1962, the Official Secrets Act, 1963, or the Genocide Act, 1973, no further proceedings in the matter except such remand or remands in custody or on bail as the court may think necessary shall be taken without the consent of the Attorney General.