# Why the Brize Norton charges needed the Attorney General's consent

> Section 37 of the National Security Act 2023 requires the Attorney General's personal consent for this offence. Richard Hermer held the post at the time of the protest.

- URL: https://www.brizenortonfiles.com/articles/attorney-general-consent-national-security-act
- Published: 2026-11-08
- Author: Investigations Desk, The Brize Norton Files
- Topics: The law

## Key points

- Section 37 of the National Security Act 2023 requires the Attorney General's personal consent to institute proceedings for most Part 1 offences. Section 4 is not among the exceptions.
- Section 4(3) of the Criminal Law Act 1977 applies the same consent requirement to the conspiracy charges against the six accused.
- Richard Hermer became Attorney General on 5 July 2024, so he held the post when the protest took place on 20 June 2025.
- The reporting reviewed does not say which law officer gave consent, or when.

The consent requirement covers the conspiracy charges as well as the section 4 offence. Section 4(3) of the Criminal Law Act 1977 carries the requirement over to conspiracy to commit that offence, so the six accused cannot be prosecuted for either charge without consent.

## What does section 37 require?

Section 37 requires the Attorney General's personal consent before proceedings are instituted for any Part 1 offence. The exceptions are a short list: section 5 (unauthorised entry), sections 6 and 11, and the offences in Schedules 2 to 4. Section 4 is not on that list.

## How does the consent process work?

The process runs in two stages, starting with the CPS.

1. The Crown Prosecution Service (CPS) makes the charging decision under its Full Code Test. In the CPS, the Counter Terrorism Division handles NSA cases.
2. The CPS then applies to the Attorney General for consent before proceedings are instituted.

Consent is a separate safeguard. It is exercised personally by the Attorney General or the Solicitor General, and it is not delegated to prosecutors.

## How does this compare with the Terrorism Act?

The consent rules differ between the two laws used in the Palestine Action cases.

| Offence | Who must consent | When the Attorney General is involved |
|---|---|---|
| National Security Act 2023, section 4, and conspiracy to commit it | Attorney General, personally, or the Solicitor General | Always required, under section 37 |
| Terrorism Act 2000 offences in the Palestine Action litigation | Director of Public Prosecutions (DPP), generally | Only where there is a foreign element |

## Who was Attorney General at the time?

Richard Hermer, also Lord Hermer KC, became Attorney General on 5 July 2024. He held the office on 20 June 2025, when the protest took place, and when the charges were brought. His public statements and official actions on Israel are covered in [a separate article](https://www.brizenortonfiles.com/articles/richard-hermer-attorney-general-israel-record).

## What is not known from the reporting?

Richard Hermer held the office at the time of the protest, but the reporting reviewed does not say whether he personally gave consent, or whether the Solicitor General did. The charges come from press reports of court hearings, not from the indictment. The sources reviewed also do not say when consent was given, or what material was put before the officer. The [National Security Act section 4 explainer](https://www.brizenortonfiles.com/articles/national-security-act-section-4-protest) covers the offence itself.

## Questions and answers

**Did the Attorney General have to approve the Brize Norton charges?**

Yes. Section 37 of the National Security Act 2023 requires the Attorney General's personal consent before proceedings for the section 4 offence are instituted, and the conspiracy charges are covered too. The reporting reviewed does not say whether Richard Hermer or the Solicitor General gave consent.

**How does Attorney General consent differ from DPP consent?**

Terrorism Act 2000 offences generally need the Director of Public Prosecutions' consent, with the Attorney General involved only where there is a foreign element. National Security Act section 4 offences need the Attorney General's personal consent, or the Solicitor General's.

**Who is the Attorney General?**

Richard Hermer, also Lord Hermer KC, was appointed on 5 July 2024.

## Sources

1. [Attorney General: Lord Hermer KC](https://www.gov.uk/government/people/richard-hermer) — GOV.UK
2. National Security Act 2023 — UK legislation
3. Criminal Law Act 1977 — UK legislation