Flashcards for A2 Law, Official Secrets topic (LA3; Option 3 of the WJEC Law course)
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Created by shann.w
almost 9 years ago
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Article 10(2) of the ECHR allows our freedom of expression to be restricted on the grounds of national security. What Acts of Parliament in the UK enforce this restriction?
What type of case is brought under the OSAs?
Which court does someone go to if they're charged for an offence under OSA?
What do the 1911-1939 Acts cover?
The main Act is the 1989 one. What does it cover?
What could happen if the government cannot stop someone from disclosing secret information by using OSA?
What was the 1989 passed to do, in regards to the old Acts?
What is the maximum sentence a 1911 Act carries, compared to the 1989 Act?
Who should you use the Section 1 OSA 1911 to prosecute?
OSA 1911
What does the S1 OSA 1911 offence say?
OSA 1911
How is 'prohibited place' defined and under which section?
OSA 1911
What does Section 1(2) say?
OSA 1911
What happened in Chandler v Director of Public Prosecutions 1964
OSA 1911
What happened in R v James 2008?
OSA 1911
What happened in R v Devenney 2012?
OSA 1920
What does S1(1) say it is an offence to do?
OSA 1920
What does Section 2 say?
OSA 1920
What does Section 3 say?
OSA 1920
What did Adler v George 1968 decide in regards to S3?
OSA 1920
What does Section 7 say it is an offence to do?
OSA 1989
Under what sections are the offences?
OSA 1989
What is the offence under Section 8(1)?
OSA 1989
What type of offence are the offences under this Act?
OSA 1989
What type of secret information does Section 1 cover?
OSA 1989
What is the offence under Section 1(1)?
OSA 1989
What does Section 1(9) say 'security and intelligence' information is?
OSA 1989
Who is considered as 'security and intelligence' services?
OSA 1989
Summarise the Section 1(1) offence
OSA 1989
What happened in R v Shayler 2001?
OSA 1989
Name some things that Section 1 covers?
OSA 1989
What does Section 1(3) say it is an offence to do?
OSA 1989?
What is a Crown Servant/government contractor? What section defines it?
OSA 1989
How would information be 'damaging'?
OSA 1989
Is there a defence for a Section 1(3) offence?
OSA 1989
What is meant by 'reasonable cause'?
OSA 1989 - S2
What type of secret informaiton does Section 2 cover?
OSA 1989 - S2
What does S2(1) say it is an offence to do?
OSA 1989 - S2
What type of information is covered by S2?
OSA 1989 - S2
How will a disclosure be damaging?
OSA 1989 - S2
Is there a defence for a person charged under S2(1)?
OSA 1989 - S3
What does Section 3 cover?
OSA 1989 - S3
What is the offence under S3(1)?
OSA 1989 - S3
How will a disclosure be 'damaging' under S3(2)?
OSA 1989 - S3
What happened in R v O'Connor and Keogh 2007?
OSA 1989 - S3
Is there a defence for a S3(1) offence?
OSA 1989 - S4
What type of information does Section 4 cover?
OSA 1989 - S4
What is the offence under S4(1)?
OSA 1989 - S4
What does S4(2) say the consequences of disclosing this type of information are, of which would result in an offence being committed?
OSA 1989 - S4
S4(3) gives 2 ways in which this type of information can be obtained. What are they?
OSA 1989 - S4
Is there a defence for a S4(1) offence?
OSA 1989 - S5
What does Section 5 refer to?
OSA 1989 - S5
Who is Section 5 aimed at?
OSA 1989 - S5
What type of offence is a S5 offence?
OSA 1989 - S5
The offence under S5 is not under S5(1) like the other sections. What does S5(1) do instead?
OSA 1989 - S5
What does S5(1) say?
OSA 1989 - S5
What is the offence under S5(2)?
OSA 1989 - S5
What does S5(3) say that should occur for an offence to be committed?
OSA 1989 - S5
How will a disclosure be damaging for a S5 offence?
OSA 1989 - S5
Is there a defence for a S5(2) offence?
OSA 1989 - S7
What does S7(1) say is a defence for an OSA 1989 offence?
OSA 1989 - S7
What does S7(2) is a defence?
OSA 1989 - S7
What does S7(4) say that a person using a S7 defence has to prove?
OSA 1989 - Privilege
What are people in Parliament protected by?
OSA 1989
What are the 2 common law defence?
OSA 1989
What is the defence of duress?
OSA 1989
What is the defence of necessity?
OSA 1989
Where did the test for the defence of necessity come from?
OSA 1989
What happened when Shayler tried to use the defence of duress and necessity in R v Shayler 2001?
OSA 1989
What happened when Catherine tried to use the defence of duress and necessity in R v Catherine Gun?
OSA Breach of Confidence
Where can BOC for OSA be traced back to?
OSA Breach of Confidence
How would the AG try to use BOC and why?
OSA Breach of Confidence
What is the test for OSA Breach of Confidence?
OSA 1989 Breach of Confidence
How will the first part of the test be passed?
OSA 1989 Breach of Confidence
What would need to happen for the 2nd part of the test to be passed?
OSA 1989 Breach of Confidence
What did Lord Advocate v Scotsman Publications 1990 say about what is 'harm'?
OSA 1989 Breach of Confidence
What may justify disclosure, and pass the 3rd part of the test?
