Offences Involving Explosive Substances Flashcards
Q: What Act governs offences involving explosive substances?
Explosive Substances Act 1883
Q: Whose consent is needed to prosecute for offences under Explosive Substances Act 1883?
All the offences require the consent of the Attorney General or Solicitor General to prosecute.
Q: What is the law on causing an explosion likely to endanger life or property?
S2 ESA 1883- causing explosion likely to endanger life or property
A person who in the UK or (being a citizen of the UK and Colonies) in the Republic of Ireland unlawfully and maliciously causes by any explosive substance an explosion of a nature likely to endanger life or to cause serious injury to property shall, whether any injury to person or property has been actually caused or not, be guilty of an offence and on conviction on indictment shall be liable to imprisonment for life.
Q: What type of offence is it? What is the sentence?
The offence is triable on indictment.
Carries a maximum sentence of life imprisonment.
Q: What is an ‘explosive substance’?
S9(1) ESA 1883- The expression ‘explosive substance’ shall be deemed to include any materials for making any explosive substance; also, any apparatus, machine, implement, or materials used, or intended to be used, or adapted for causing, or aiding in causing, any explosion in or with any explosive substance; also, any part of any such apparatus, machine, or implement.
It is all about materials, which either are or can be turned into explosive substances. We can assume this will include chemicals that can be used for making explosives, as well as detonators and timers.
Q: Does this include info on how to make an explosive etc…?
It is not clear on whether this includes information on how to make an explosive, a manual or internet download. CPS guidance suggests using other offences for this kind of item.
Q: What is the definition of ‘explosive’?
Case law tells us that the definition of ‘explosive’ from the Explosives Act 1875 applies to this offence and that tells us that the following articles are explosives:
- gun powder
- nitro-glycerine
- dynamite
- gun cotton
- blasting powders
- mercury fulminate
- coloured fires
- and every other substance, whether similar to those previously mentioned or not, used or manufactured with a view to producing a practical effect by explosion or a pyrotechnic effect, which includes fireworks, fog signals, fuses, rockets, percussion caps, detonators, cartridges, ammunition of all description and every adaptation and preparation of an explosive.
Basically it is gun powder and all forms of pyrotechnic (something created to have a chemical reaction to make heat, light, gas, smoke or sound).
Shot guns and petrol bombs have been included.
Q: What do you need to prove for this offence under s2 ESA 1883?
- Must prove the act was carried out maliciously (intentionally or recklessly)
- Must prove that it actually caused an explosion capable of endangering life or seriously damaging property- you don’t need to prove that any life was actually endangered or property actually damaged
Q: Who is the offence specific to? What type of nationalities?
The offence covers a person of any nationality acting in the UK, or the activity of a British citizen in the Republic of Ireland.
Q: What offences are covered under s3 1883 Act? What type of offence and sentence do they carry?
S3 1883 covers 2 separate offences relating to- attempting to cause explosion or making or keeping explosives with intent to endanger life or property.
Both are triable on indictment and carry a life sentence.
Q: s3 1883 wording?
(1) A person who in the UK or a dependency or (being a citizen of the United Kingdom and Colonies) elsewhere unlawfully and maliciously—
(a) does any act with intent to cause, or conspires to cause, by an explosive substance an explosion of a nature likely to endanger life, or cause serious injury to property, whether in the United Kingdom or elsewhere, or
(b) makes or has in his possession or under his control an explosive substance with intent by means thereof to endanger life, or cause serious injury to property, whether in the United Kingdom or elsewhere, or to enable any other person to do so,
shall, whether any explosion does or does not take place, and whether any injury to person or property is actually caused or not, be guilty of an offence.
Q: What nationality does the defendant need to be? Does it cover British citizens outside the UK?
For these offences, we are talking about the activities of a person of any nationality in the UK or dependency, as well as the Acts of British citizens anywhere in the world.
Q: Will recklessness suffice?
The act must be done intentionally or recklessly, but this time, there is no need for the explosion to actually occur. This is about intending to cause an explosion or conspiring to cause one.
Q: What is the law on making or possessing an explosive under suspicious circumstances?
S4 1883- making or possessing an explosive under suspicious circumstances
(1) Any person who makes or knowingly has in his possession or under his control any explosive substance, under such circumstances as to give rise to a reasonable suspicion that he is not making it or does not have it in his possession or under his control for a lawful object, shall, unless he can show that he made it or had it in his possession or under his control for a lawful object, be guilty of an offence.
Q: What type of offence is it?
Triable on indictment.
Carries a maximum of 14 years imprisonment.
