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Official Secrets Act
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LegislationGB

Official Secrets Act

UK espionage law, largely replaced by the National Security Act 2023.

The RAF Fairford charges of 27 October 2026 rest on the National Security Act 2023, which replaced the Official Secrets Act's spying offences. An Official Secrets Act case against two men accused of spying for China had collapsed in September 2025.

Last refreshed: 29 October 2026

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Background

The Official Secrets Acts were the UK's espionage and secrecy laws from 1911. The National Security Act 2023 repealed the 1911, 1920 and 1939 Acts and replaced their spying offences from 20 December 2023. The Official Secrets Act 1989, on unauthorised disclosure, remains in force.

The old law still shapes current cases. In September 2025 prosecutors dropped an Official Secrets Act case against two men accused of spying for China, saying evidence that China was a threat could not be obtained.

That collapse is the backdrop to the first state-threat prosecutions under the new law. The Fairford charges of 27 October 2026 were brought under sections 3(2) and 4(1) of the 2023 Act; the Crown Prosecution Service release named no state.

Common Questions
Is the Official Secrets Act still in force?
Partly. The National Security Act 2023 repealed the 1911, 1920 and 1939 Acts. The Official Secrets Act 1989 on unauthorised disclosure remains.Source: legislation.gov.uk: National Security Act 2023, Schedule 18
What replaced the Official Secrets Act?
The National Security Act 2023, whose Part 1 offences replaced the espionage offences of the 1911, 1920 and 1939 Acts.Source: legislation.gov.uk
Why was the China spy case dropped in 2025?
The CPS dropped the Official Secrets Act charges against Christopher Cash and Christopher Berry on 15 September 2025, citing a lack of evidence that China was a threat at the time.Source: ITV News
Source Material

Written with AI from Lowdown's published reporting. Not individually reviewed by an editor. Updated 29 October 2026. Editorial standards.