Terrorism and Associated Offences

Question 1

Terrorism is defined in the Terrorism Act 2000, s. 1 as:

Answer 1

(1)  . . the use or threat of action where—
(a) the action falls within subsection (2),
(b) the use or threat is designed to influence the government or an international governmental organisation, or to intimidate the public or a section of the public, and
(c) the use or threat is made for the purpose of advancing a political, religious, racial or ideological cause.
(2) Action falls within this subsection if it—
(a) involves serious violence against a person,
(b) involves serious damage to property,
(c) endangers a person’s life, other than that of the person committing the action,
(d) creates a serious risk to the health or safety of the public or a section of the public, or
(e) is designed seriously to interfere with or seriously to disrupt an electronic system.
(3) The use or threat of action falling within subsection (2) which involves the use of firearms or explosives is terrorism whether or not subsection (1)(b) is satisfied.

Question 2

Terrorism Defined

Answer 2

This definition includes domestic terrorism, and should be considered when dealing with other, more familiar offences such as blackmail, contamination of goods and threats to kill.

The definition recognises that terrorist activity may be motivated by religious, racial or fundamental reasons rather than simply political ones. It also encompasses broad activities (including threats) which, though potentially devastating in their impact on society, may not be overtly violent. Examples of such activity might be interference with domestic water and power supplies or serious disruption of computer networks.

The provision at s. 1(3) means that, where the relevant criminal activity involves the use of firearms or explosives, there is no further need to show that the behaviour was designed to influence the government or to intimidate the public or a section of the public. An example of such activity might be the shooting of a senior military or political figure. A ‘firearm’ for this purpose includes air weapons (s. 121).

The reference to ‘action’ here includes action outside the United Kingdom. Similarly, references to people, property, the public and governments apply to all those features whether in the United Kingdom or elsewhere (s. 1(4)).

Question 3

Membership of a Proscribed Organisation—Terrorism Act 2000, s. 11

Answer 3

• Triable either way
• 10 years’ imprisonment and/or a fine on indictment
• Six months’ imprisonment and/or a fine summarily

The Terrorism Act 2000, s. 11 states:
(1) A person commits an offence if he belongs or professes to belong to a proscribed organisation.
(2) It is a defence for a person charged with an offence under subsection (1) to prove—
(a) that the organisation was not proscribed on the last (or only) occasion on which he became a member or began to profess to be a member, and
(b) that he has not taken part in the activities of the organisation at any time while it was proscribed.

Question 4

Membership of a Proscribed Organisation

Answer 4

Specific organisations are proscribed by the Secretary of State and include some of the most active and widely known terrorist groups across the world, including Al-Qa’ida (sch. 2 to the Act). What amounts to membership is likely to depend on the nature of an organisation, e.g. membership of a loose and unstructured organisation may not need any formal steps or express process by which a person becomes a member (R v Ahmed [2011] EWCA Crim 184).

The reverse burden of proof contained in s. 11(2) has been held as imposing an evidential, as opposed to a persuasive, burden of proof (Attorney-General’s Reference (No. 4 of 2002), Sheldrake v DPP [2004] UKHL 43).

Other offences relating to proscribed organisations are provided by s. 12 and include: inviting support; arranging or managing (or assisting in doing so) a meeting of three or more people in public or private, to support, further the activities or be addressed by a person belonging to a proscribed organisation; or addressing a meeting to encourage support or further the activities of the organisation. The Counter-Terrorism and Border Security Act 2019 extends this section by adding that the offence may be committed by expressing an opinion or belief supportive of a proscribed organisation whilst being reckless as to whether a person to whom the expression is directed will be encouraged to support a proscribed organisation (s. 12(1A)).

The Act also created a summary offence of wearing an item of clothing, or wearing, carrying or displaying an article in such a way or in such circumstances as to arouse reasonable suspicion that the defendant is a member or supporter of a proscribed organisation (s. 13). In Pwr v DPP [2020] EWHC 798 (Admin) it was held that s. 13(1) was a strict liability offence and, although Article 10 of the European Convention on Human Rights (freedom of expression) was engaged, s. 13(1) was a proportionate response. The Counter-Terrorism and Border Security Act 2019 extended this section whereby the offence can be committed by publishing an image of an item of clothing or other article in such a way or in such circumstances as to arouse ‘reasonable suspicion’ that the writer is a member of or supports a proscribed organisation (s. 13(1A)). Reference to an image is a reference to a still or moving image (produced by any means) (s. 13(1B)).

Question 5

Terrorism Act 2000: Financial Measures

Answer 5

The main financial measures under the Terrorism Act 2000 relate to terrorist fundraising, possession of property and funding arrangements, and include:

• inviting another to provide money or other property (s. 15(1));
• providing money or other property (s. 15(3));
• receiving money or other property (s. 15(2));
• possessing money or other property (s. 16(2));
• arranging for money or other property to be made available (s. 17);
  in each case intending that, or having reasonable cause to suspect that, it may be used for the purposes of terrorism (ss. 15, 16(2) and 17);
• using money or other property for the purposes of terrorism (s. 16(1));
• concealing, moving or transferring any terrorist property (s. 18).

Each of these offences is punishable by a maximum of 14 years’ imprisonment on indictment (s. 22).

In relation to ss. 15, 16(2) and 17, ‘having reasonable cause to suspect’ does not mean that the accused must actually suspect that money may be used for the purpose of terrorism but from the information available to the accused, a reasonable person would (not might or could) suspect that the money might be used for terrorism (R v Lane [2018] UKSC 36).

Question 6

Disclosure of Information—Terrorism Act 2000, s. 19

Answer 6

• Triable either way
• Five years’ imprisonment and/or a fine on indictment
• Six months’ imprisonment and/or a fine summarily

The Terrorism Act 2000, s. 19 states:
(1) This section applies where a person—
(a) believes or suspects that another person has committed an offence under any of sections 15 to 18, and
(b) bases his belief or suspicion on information which comes to his attention—
(i) in the course of a trade, profession or business, or
(ii) in the course of his employment (whether or not in the course of a trade, profession or business).
(1A) But this section does not apply if the information came to the person in the course of a business in the regulated sector.
(2) The person commits an offence if he does not disclose to a constable as soon as is reasonably practicable—
(a) his belief or suspicion, and
(b) the information on which it is based.

Question 7

Disclosure of Information

Answer 7

In relation to s. 19(2), a constable includes an authorised member of staff of the National Crime Agency (s. 19(7B)).

This section requires businesses to report any suspicions they may have that someone is laundering terrorist money or committing any of the other terrorist property offences in ss. 15 to 18. Section 19(1)(b) ensures the offence is focused on suspicions which arise at work.

‘Employment’ means any employment (paid or unpaid) including work under a contract for services or as an office holder, work experience provided pursuant to a training course or programme or in the course of training for employment, and voluntary work (s. 22A).

It is a defence for a person to prove that he/she had a reasonable excuse for not making the disclosure (s. 19(3)), or that the matters specified were disclosed in accordance with an established procedure for the making of disclosures (s. 19(4)). Disclosure by a professional legal adviser is not required if the information was obtained in privileged circumstances (s. 19(5)).

The Act also provides for offences of failure to disclose information by businesses in the ‘regulated sector’, i.e. accountancy firms, investment companies, etc. (s. 21A) and tipping-off by businesses in the regulated sector (s. 21D). Businesses in the regulated sector are described in sch. 3A to the Act.

Question 8

The Terrorism Act 2000, s. 20 states:

Answer 8

(1) A person may disclose to a constable—
(a) a suspicion or belief that any money or other property is terrorist property or is derived from terrorist property;
(b) any matter on which the suspicion or belief is based.
(2) A person may make a disclosure to a constable in the circumstances mentioned in section 19(1) and (2).
(3) Subsections (1) and (2) shall have effect notwithstanding any restriction on the disclosure of information imposed by statute or otherwise.
(4) Where—
(a) a person is in employment, and
(b) his employer has established a procedure for the making of disclosures of the kinds mentioned in subsection (1) and section 19(2),
subsections (1) and (2) shall have effect in relation to that person as if any reference to disclosure to a constable included a reference to disclosure in accordance with the procedure.

Question 9

Disclosure of Information: Permission

Answer 9

References to a constable include references to a National Crime Agency officer authorised for the purposes of this section by the Director General of that Agency (subs. (5)).

Section 20 ensures that businesses can disclose information to the police without fear of breaching legal restrictions.

Question 10

Information about Acts of Terrorism—Terrorism Act 2000, s. 38B

Answer 10

• Triable either way
• 10 years’ imprisonment and/or a fine on indictment
• Six months’ imprisonment and/or a fine summarily

The Terrorism Act 2000, s. 38B states:
(1) This section applies where a person has information which he knows or believes might be of material assistance—
(a) in preventing the commission by another person of an act of terrorism, or
(b) in securing the apprehension, prosecution or conviction of another person, in the United Kingdom, for an offence involving the commission, preparation or instigation of an act of terrorism.
(2) The person commits an offence if he does not disclose the information as soon as reasonably practicable in accordance with subsection (3).
(3) Disclosure is in accordance with this subsection if it is made—
(a) in England and Wales, to a constable . . .

Question 11

Information about Acts of Terrorism

Answer 11

This offence relates to any person who has information that he/she knows or believes might help prevent an act of terrorism or help bring terrorists to justice.

A person resident in the United Kingdom could be charged with this offence notwithstanding that he/she was outside the country when he/she became aware of the information (s. 38B(6)).

It is a defence for a person charged to prove that he/she had a reasonable excuse for not making the disclosure (s. 38B(4)).

Question 12

Disclosure of Information etc.—Terrorism Act 2000, s. 39

Answer 12

• Triable either way
• Five years’ imprisonment and/or a fine on indictment
• Six months’ imprisonment and/or a fine summarily

The Terrorism Act 2000, s. 39 states:
(1) Subsection (2) applies where a person knows or has reasonable cause to suspect that a constable is conducting or proposes to conduct a terrorist investigation.
(2) The person commits an offence if he—
(a) discloses to another anything which is likely to prejudice the investigation, or
(b) interferes with material which is likely to be relevant to the investigation.
(3) Subsection (4) applies where a person knows or has reasonable cause to suspect that a disclosure has been or will be made under any of sections 19 to 21B or 38B.
(4) The person commits an offence if he—
(a) discloses to another anything which is likely to prejudice an investigation resulting from the disclosure under that section, or
(b) interferes with material which is likely to be relevant to an investigation resulting from the disclosure under that section.

Question 13

Disclosure of and Interference with Information Offences

Answer 13

The offences within this section, including that at s. 39(2)(a), which is sometimes called ‘tipping off’, are essential to the disclosure regime and have a powerful deterrent effect. The defence at s. 39(5)(a) is listed in s. 118(5) and therefore imposes an evidential burden only on the defendant.

It is a defence for a person charged with an offence under s. 39(2) or (4) to prove that he/she did not know and had no reasonable cause to suspect that the disclosure or interference was likely to affect a terrorist investigation, or that he/she had a reasonable excuse for the disclosure or interference. The evidential burden of proof lies on the defendant.

Section 21D of the Act also provides for a similar offence of ‘tipping off’ in the regulated sector.

Question 14

Terrorism Act 2006: Offences

Answer 14

For the purposes of the 2006 Act the offences are grouped into three specific areas; encouragement etc. of terrorism; preparation of terrorist acts and terrorist training; offences involving radioactive devices and materials and nuclear facilities and sites. The offences relating to preparation of terrorist acts and offences involving radioactive devices are beyond the scope of this Manual.

Question 15

Encouragement etc. of Terrorism

Answer 15

The offences within this group are:

• publishes a statement to encourage the commission, preparation or instigation of acts of terrorism or Convention offences (s. 1(2));
• engages in the dissemination of terrorist publications (s. 2(1)).

For the purpose of both these sections it is necessary to prove that the published statement(s) glorifies the act of terrorism and that a reasonable person would understand the statement as an encouragement or inducement to them to commit, prepare or instigate an act of terrorism. This ‘reasonable person test’ was introduced by the Counter-Terrorism and Border Security Act 2019.

‘Glorification’ includes any form of praise or celebration, and similar expressions are to be construed accordingly (s. 20(2)). The ‘Convention offences’ mentioned in s. 1(2) are those offences listed in sch. 1 to the Act and include offences in relation to explosives, biological weapons, chemical weapons, nuclear weapons, hostage-taking, hijacking, terrorist funds, etc.

In relation to an offence under s. 2 of the Act it was held that videos uploaded onto the internet of scenes showing attacks on soldiers of the Coalition forces in Iraq and Afghanistan by insurgents were depicting scenes of terrorism within the definition of s. 1 p. 404↵of the 2000 Act (R v Gul [2013] UKSC 64). Under this section, although the accused is free to argue that the prosecution constituted an unacceptable interference with the applicant’s right to freedom of speech at common law, this defence is always a matter to be determined by the jury (R v Brown [2011] EWCA Crim 2751). In Faraz v R [2012] EWCA Crim 2820, it was held that evidence of possession of a publication cannot prove by itself that a person was encouraged by it to commit or instigate terrorist offences. This section does not prevent a person from holding offensive views or personally supporting a terrorist cause or communicating the fact that he or she supports such a cause. What this section prohibits is the intentional or reckless dissemination of a terrorist publication where the effect of an offender’s conduct is a direct or indirect encouragement to the commission, preparation or instigation of acts of terrorism (R v Ali (Humza) [2018] EWCA Crim 547).

Section 3(1) provides that the offences under ss. 1 and 2 can be committed by publishing a statement electronically, i.e. via the internet. In Iqbal v R [2014] EWCA Crim 2650 the defendant posted and shared videos, articles and lectures that amounted to the glorification or encouragement of terrorism. ‘Statement’ includes a communication of any description, including a communication without words consisting of sounds or images or both (s. 20(6)). Section 3(3) provides for a notice to be served by a constable on the person electronically publishing the statement declaring that it is, in the constable’s opinion, unlawfully terrorism-related and requiring its removal or modification (s. 3(3)). The methods for giving such a notice are provided in s. 4 of the Act. The offences under ss. 1 and 2 are punishable on indictment by a term of imprisonment not exceeding fifteen years or a fine or both, and summarily by a term of imprisonment not exceeding six months or a fine or both.

Question 16

The Terrorism Act 2000, s. 41 states:

Answer 16

(1) A constable may arrest without a warrant a person whom he reasonably suspects to be a terrorist.

Question 17

Arrest without Warrant

Answer 17

The definition of a terrorist is broadly a person who has committed one of the main terrorism offences under the Act (including ss. 11, 12, 15 to 18, 54 and 56 to 63), or is or has been concerned in the commission, preparation or instigation of acts of terrorism (s. 40).

A magistrates’ warrant may be obtained authorising any constable to enter and search the specified premises for the purpose of arresting the person to whom s. 41 applies (s. 42).

Question 18

The Terrorism Act 2000, s. 43 states:

Answer 18

(1) A constable may stop and search a person whom he reasonably suspects to be a terrorist to discover whether he has in his possession anything which may constitute evidence that he is a terrorist.
(2) A constable may search a person arrested under section 41 to discover whether he has in his possession anything which may constitute evidence that he is a terrorist.
(3) …
(4) A constable may seize and retain anything which he discovers in the course of a search of a person under subsection (1) or (2) and which he reasonably suspects may constitute evidence that the person is a terrorist.
(4A) Subsection (4B) applies if a constable, in exercising the power under subsection (1) to stop a person whom the constable reasonably suspects to be a terrorist, stops a vehicle (see section 116(2)).

Question 19

Search of Persons

Answer 19

Where a vehicle is stopped the constable may search the vehicle, and anything in or on it, to discover whether there is anything which may constitute evidence that the person concerned is a terrorist, and may seize and retain anything which the constable discovers in the course of such a search, and reasonably suspects may constitute evidence that the person is a terrorist (s. 43(4B)). Nothing in s. 43(4B) confers a power to search any person but the power to search in that subsection is in addition to the power in subsection (1) to search a person whom the constable reasonably suspects to be a terrorist (s. 43(4C)).

In relation to s. 43(4A), s. 116(2) provides that the power to stop a person includes the power to stop a vehicle (other than an aircraft which is airborne).

Question 20

The Terrorism Act 2000, s. 43A states:

Answer 20

(1) Subsection (2) applies if a constable reasonably suspects that a vehicle is being used for the purposes of terrorism.
(2) The constable may stop and search—
(a) the vehicle;
(b) the driver of the vehicle;
(c) a passenger in the vehicle;
(d) anything in or on the vehicle or carried by the driver or a passenger;
to discover whether there is anything which may constitute evidence that the vehicle is being used for the purposes of terrorism.

Question 21

Search of Vehicles

Answer 21

A constable may seize and retain anything which the constable discovers in the course of a search under this section, and reasonably suspects may constitute evidence that the vehicle is being used for the purposes of terrorism (s. 43A(3)).

‘Driver’ in relation to an aircraft, hovercraft or vessel, means the captain, pilot or other person with control of the aircraft, hovercraft or vessel or any member of its crew and, in relation to a train, includes any member of its crew (s. 43A(5)).

Question 22

The Terrorism Act 2000, s. 47A states:

Answer 22

(1) A senior police officer may give an authorisation under subsection (2) or (3) in relation to a specified area or place if the officer—
(a) reasonably suspects that an act of terrorism will take place; and
(b) reasonably considers that—
(i) the authorisation is necessary to prevent such an act;
(ii) the specified area or place is no greater than is necessary to prevent such an act; and
(iii) the duration of the authorisation is no longer than is necessary to prevent such an act.
(2) An authorisation under this subsection authorises any constable in uniform to stop a vehicle in the specified area or place and to search—
(a) the vehicle;
(b) the driver of the vehicle;
(c) a passenger in the vehicle;
(d) anything in or on the vehicle or carried by the driver or a passenger.
(3) An authorisation under this subsection authorises any constable in uniform to stop a pedestrian in the specified area or place and to search—
(a) the pedestrian;
(b) anything carried by the pedestrian.

Question 23

Stop and Search in Specified Locations

Answer 23

A constable in uniform may exercise the power conferred by an authorisation only for the purpose of discovering whether there is anything which may constitute evidence that the vehicle concerned is being used for the purposes of terrorism or (as the case may be) that the person concerned is a terrorist within the meaning of s. 40 (s. 47A(4)). However, the power conferred by such an authorisation may be exercised whether or not the constable reasonably suspects that there is such evidence (s. 47A(5)).

A constable may seize and retain anything which the constable discovers in the course of a search if he/she reasonably suspects that it may constitute evidence that the vehicle concerned is being used for the purposes of terrorism or (as the case may be) that the person is a terrorist (s. 47A(6)).

A ‘senior police officer’ who may give an authorisation is a police officer for the area who is of at least the rank of assistant chief constable (or commander) (sch. 6B).

Authorisation may also be given to prohibit or restrict parking on a specified road where it is considered expedient for the prevention of acts of terrorism (s. 48(1) and (2)). The power may be exercised by a constable placing a traffic sign on the road concerned (s. 49(1)).

Question 24

The Terrorism Act 2000, s. 33 states:

Answer 24

(1) An area is a cordoned area for the purposes of this Act if it is designated under this section.

(2) A designation may be made only if the person making it considers it expedient for the purposes of a terrorist investigation.

(3) If a designation is made orally, the person making it shall confirm it in writing as soon as is reasonably practicable.

Question 25

Cordoned Areas

Answer 25

Section 32 provides the meaning of ‘terrorist investigation’ as an investigation of:

• the commission, preparation or instigation of acts of terrorism;
• an act which appears to have been done for the purposes of terrorism;
• the resources of a proscribed organisation;
• the commission, preparation or instigation of an offence under this Act or under part 1 of the Terrorism Act 2006 other than an offence under s. 1 or 2 of that Act.

The person making a designation shall arrange for the demarcation of the cordoned area, so far as is reasonably practicable, by means of tape marked with the word ‘police’, or in such other manner as a constable considers appropriate (s. 33(4)).

Question 26

The Terrorism Act 2000, s. 34 states:

Answer 26

(1) Subject to subsections (1A), (1B) and (2), a designation under section 33 may only be made—
(a) where the area is outside Northern Ireland and is wholly or partly within a police area, by an officer for the police area who is of at least the rank of superintendent, and

(2) A constable who is not of the rank required by subsection (1) may make a designation if he considers it necessary by reason of urgency.
(3) Where a constable makes a designation in reliance on subsection (2) he shall as soon as is reasonably practicable—
	(a) make a written record of the time at which the designation was made, and
	(b) ensure that a police officer of at least the rank of superintendent is informed.
(4) An officer who is informed of a designation in accordance with subsection (3)(b)—
	(a) shall confirm the designation or cancel it with effect from such time as he may direct, and
	(b) shall, if he cancels the designation, make a written record of the cancellation and the reason for it.

Question 27

Power to Designate

Answer 27

This power is designated to be investigatory in its nature.

Subsections (1A), (1B) and (1C) provide powers to designate to the Ministry of Defence and British Transport Police in relation to specified areas under their jurisdiction.

The period of designation begins at the time the order is made and ends on the date specified in the order. The initial designation cannot extend beyond 14 days (s. 35(2)). However, the period during which a designation has effect may be extended in writing from time to time by the person who made it, or an officer of at least superintendent rank (s. 35(3)).

There is a time limit of 28 days on extended designations and this appears to mean an overall time limit of 28 days beginning with the day on which the order is made (s. 35(5)).

Question 28

The Terrorism Act 2000, s. 36 states:

Answer 28

(1) A constable in uniform may—
(a) order a person in a cordoned area to leave it immediately,
(b) order a person immediately to leave premises which are wholly or partly in or adjacent to a cordoned area,
(c) order the driver or person in charge of a vehicle in a cordoned area to move it from the area immediately,
(d) arrange for the removal of a vehicle from a cordoned area,
(e) arrange for the movement of a vehicle within a cordoned area,
(f) prohibit or restrict access to a cordoned area by pedestrians or vehicles.

Question 29

Police Powers

Answer 29

The officer giving the order or making the arrangements and prohibitions set out here must be in uniform. Therefore detectives or other plain clothes officers involved in the terrorist investigation will not have these powers available to them.

The powers under s. 36 are among those that can be conferred on a Police Community Support Officer designated under sch. 4 to the Police Reform Act 2002.

Failing to comply with an order, prohibition or restriction under this section is a summary offence punishable by three months’ imprisonment and/or a fine (s. 36(2) and (4)).

This wording will presumably cover refusal. There is a defence if the person can show that he/she had a reasonable excuse for the failure.

A superintendent or above may request passenger, service and crew information from an owner or agent of a ship or aircraft which is arriving, or expected to arrive, at any place in the United Kingdom or is leaving, or expected to leave, from any place in the United Kingdom (Immigration, Asylum and Nationality Act 2006, s. 32(2)). There is a similar power to request freight information from the owners or agents of a ship or aircraft, and in the case of a vehicle, the owner or hirer (s. 33(2) and (3)).

It is an offence if without reasonable excuse a person fails to comply with a requirement imposed under ss. 32(2) or 33(2). The request must be for a police purpose, i.e. the prevention, detection, investigation or prosecution of criminal offences; safeguarding national security; and such other purposes as may be specified (s. 33(5)).

Question 30

Causing Explosion Likely to Endanger Life or Property—Explosive Substances Act 1883, s. 2

Answer 30

• Triable on indictment
• Life imprisonment

The Explosive Substances Act 1883, s. 2 states:
(1) A person who in the United Kingdom or (being a citizen of the United Kingdom 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.

Question 31

Offences Involving Explosive Substance

Answer 31

The consent of the Attorney-General (or Solicitor-General) is required before prosecuting this offence (s. 7(1) of the 1883 Act).

‘Explosive substance’ includes any materials for making any explosive substance; any implement or apparatus used, or intended or adapted to be used for causing or aiding any explosion (s. 9(1)).

The definition of ‘explosive’ under the Explosives Act 1875 also applies to this offence (R v Wheatley [1979] 1 WLR 144).

Therefore fireworks and petrol bombs will be covered (R v Bouch [1983] QB 246).

Articles which have been held to amount to ‘explosive substances’ include:

• shotguns (R v Downey [1971] NI 224);
• electronic timers (R v Berry (No. 3) [1995] 1 WLR 7; R v G [2009] UKHL 13);
• gelignite with a fuse and detonator (R v McCarthy [1964] 1 WLR 196).

You must prove that the act was carried out ‘maliciously’.

Sections 73 to 75 of the Explosives Act 1875 provide powers to search for explosives in connection with the offences under ss. 2, 3 and 4.

Question 32

Attempting to Cause Explosion or Keeping Explosive with Intent—Explosive Substances Act 1883, s. 3

Answer 32

• Triable on indictment
• Life imprisonment

The Explosive Substances Act 1883, s. 3 states:
(1) A person who in the United Kingdom 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 so to do
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) …

Question 33

Making or Possessing Explosive under Suspicious Circumstances—Explosive Substances Act 1883, s. 4

Answer 33

• Triable on indictment
• 14 years’ imprisonment

The Explosive Substances Act 1883, s. 4 states:
(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] …