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Section 15

Restrictions on prosecutions

of Official Secrets Act 1972

ActIn forceProvision 19 of 38
Section 15
(1)

Any prosecution for an offence under this Act shall not be instituted except by or with the consent of the Public Prosecutor.

Official Secrets 19

(2)

Notwithstanding that the consent of the Public Prosecutor has not been obtained, a person charged with such an offence may be arrested, or a warrant for his arrest may be issued and executed.

Such person may be remanded in custody or on bail, but the case shall not be further prosecuted until the consent has been obtained.

(3)

When a person is brought before a court before the Public

Prosecutor has consented to the prosecution, the charge shall be explained to him but he shall not be called upon to plead, and the law for the time being in force relating to criminal procedure shall be modified accordingly.

Burden of proof and presumptions