Explosive Substances Act 1883
Encyclopedia
The Explosive Substances Act 1883 (c. 3) is an Act
of the Parliament
of the United Kingdom
. It makes it illegal to use -- or conspire or intend to use -- any explosive substance to cause an explosion likely to endanger life or cause serious injury to property, whether or not any explosion actually takes place. A person guilty of an offence under this law is liable to imprisonment for life.
Under this Act it is also an offence, subject to imprisonment for two years, to possess explosives under suspicious circumstances, that is where you can't properly explain why you have them.
Anyone who helps someone to commit a crime under this law by providing money, materials, premises, or any other assistance, shall be tried and punished as severely as the person who actually uses the explosives.
Witnesses who are called during the official investigation or the trial can be arrested to prevent them from absconding, and do not have the right of silence to protect themselves from self-incrimination. On the other hand, self-incriminating evidence from a witness can't be used in a different criminal or civil proceeding.
involving any kind of bomb is necessarily a crime under Explosive Substances Act 1883 (as well as being a crime under the law against attempted murder). In fact, for many decades the Explosive Substances Act was the basis for the prosecution of terrorist cases, such as S-Plan
in 1939, the Birmingham Six
in 1975, Tony Lecomber
in 1985, and the Talbot Street bomb-making haul
in 2006.
Since the year 2000 there has been a series of special terrorism laws
which appear to supersede the Explosive Substances Act, in that they can also be used to investigate and prosecute those who misuse explosives to endanger life and property for illegitimate purposes (usually to further their own political causes).
The terrorism acts have been applied in the cases such as 2004 Financial buildings plot
and 2006 transatlantic aircraft plot
where the intent to misuse explosives is alleged. However, since no actual explosive substances have been found, the Explosive Substances Act cannot be made to apply.
In the latest use of the Act Iraqi doctor Bilal Abdullah became the first person charged over the London and Glasgow car bomb attacks in 2007.
Abdullah, who was arrested after a flaming Jeep was driven into the doors of the arrivals hall at Glasgow Airport. The 27-year-old, who was working as a doctor at the Royal Alexandra Hospital
in Paisley
, Scotland, before his arrest, was charged with conspiring to cause explosions under the 1883 Explosive Substances Act.
The charge alleges he "unlawfully and maliciously conspired with others to cause explosions of a nature likely to endanger life or cause serious injury to property in the United Kingdom".
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. It makes it illegal to use -- or conspire or intend to use -- any explosive substance to cause an explosion likely to endanger life or cause serious injury to property, whether or not any explosion actually takes place. A person guilty of an offence under this law is liable to imprisonment for life.
Under this Act it is also an offence, subject to imprisonment for two years, to possess explosives under suspicious circumstances, that is where you can't properly explain why you have them.
Anyone who helps someone to commit a crime under this law by providing money, materials, premises, or any other assistance, shall be tried and punished as severely as the person who actually uses the explosives.
Witnesses who are called during the official investigation or the trial can be arrested to prevent them from absconding, and do not have the right of silence to protect themselves from self-incrimination. On the other hand, self-incriminating evidence from a witness can't be used in a different criminal or civil proceeding.
Applications of this Act
It is obvious that any instance of terrorismTerrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
involving any kind of bomb is necessarily a crime under Explosive Substances Act 1883 (as well as being a crime under the law against attempted murder). In fact, for many decades the Explosive Substances Act was the basis for the prosecution of terrorist cases, such as S-Plan
S-Plan
The S-Plan or Sabotage Campaign or England Campaign was a campaign of bombing and sabotage against the civil, economic, and military infrastructure of the United Kingdom from 1939 to 1940, conducted by members of the Irish Republican Army . It was conceived by Seamus O'Donovan in 1938 at the...
in 1939, the Birmingham Six
Birmingham Six
The Birmingham Six were six men—Hugh Callaghan, Patrick Joseph Hill, Gerard Hunter, Richard McIlkenny, William Power and John Walker—sentenced to life imprisonment in 1975 in the United Kingdom for the Birmingham pub bombings. Their convictions were declared unsafe and quashed by the Court of...
in 1975, Tony Lecomber
Tony Lecomber
Anthony "Tony" Mark Lecomber is a former Group Development Director for the British National Party.-Background:Lecomber has been active in far-right politics since the early 1980s...
in 1985, and the Talbot Street bomb-making haul
Talbot Street bomb-making haul
On 28 September 2006 two men were arrested in the north of England and charged under the Explosive Substances Act 1883 for the possession of rocket launchers and a large haul of explosives-making chemicals. The case went virtually unreported in the national press until the trial.The trial began on...
in 2006.
Since the year 2000 there has been a series of special terrorism laws
Terrorism Acts (2000-present)
From 2000 to the present, the British Parliament passed a series of Terrorism Acts that were aimed at terrorism in general, rather than specifically focussed on terrorism related to Northern Ireland...
which appear to supersede the Explosive Substances Act, in that they can also be used to investigate and prosecute those who misuse explosives to endanger life and property for illegitimate purposes (usually to further their own political causes).
The terrorism acts have been applied in the cases such as 2004 Financial buildings plot
2004 Financial buildings plot
The 2004 financial buildings plot was a plan led by Dhiren Barot to attack a number of targets in the U.S. and the United Kingdom which is believed to have been approved by al-Qaeda....
and 2006 transatlantic aircraft plot
2006 transatlantic aircraft plot
The 2006 transatlantic aircraft plot was a terrorist plot to detonate liquid explosives carried on board at least 10 airliners travelling from the United Kingdom to the United States and Canada...
where the intent to misuse explosives is alleged. However, since no actual explosive substances have been found, the Explosive Substances Act cannot be made to apply.
In the latest use of the Act Iraqi doctor Bilal Abdullah became the first person charged over the London and Glasgow car bomb attacks in 2007.
Abdullah, who was arrested after a flaming Jeep was driven into the doors of the arrivals hall at Glasgow Airport. The 27-year-old, who was working as a doctor at the Royal Alexandra Hospital
Royal Alexandra Hospital (Paisley)
The Royal Alexandra Hospital is the main hospital in Paisley serving a large catchment area as much as 200 000 from Renfrewshire, stretching all the way to Oban and Argyll The hospital is owned and run by NHS Greater Glasgow and Clyde, previously NHS Argyll & Clyde...
in Paisley
Paisley
Paisley is the largest town in the historic county of Renfrewshire in the west central Lowlands of Scotland and serves as the administrative centre for the Renfrewshire council area...
, Scotland, before his arrest, was charged with conspiring to cause explosions under the 1883 Explosive Substances Act.
The charge alleges he "unlawfully and maliciously conspired with others to cause explosions of a nature likely to endanger life or cause serious injury to property in the United Kingdom".