Causing explosion likely to endanger life or property

Date produced: 24 August 2007
Title: Explosives
Offence: Causing explosion likely to endanger life or property
Legislation: Explosive Substances Act 1883, s.2
Mode of Trial: Indictable only
Statutory Limitations & Maximum Penalty: Consent of Attorney General required to prosecute.

Aggravating & Mitigating Factors

Distinguish cases where the primary purpose is to endanger life or destroy property

• Likely result of any explosion, or the target of any conspiracy
• The role of the individual offender
• The size and likely effect of any explosive device
• The motivation of the offender
• Where death, injury or damage has been caused, the nature and extent of it

Relevant Sentencing Guidelines

None

Relevant Sentencing Case Law

R v Martin [1999] 1 Cr App R (S) 477 which established the range of sentence for this type of offence and distinguished between cases where the primary purpose was aimed at endangering life (20-35 years depending on the facts of the case) and destruction of property (less than 15 up to 20 years).

Ancillary Orders

• Forfeiture (s.89 Explosives Act 1875)
• Disposal (s.96 Explosives Act 1875)
• Deportation where appropriate

Consider Also

• This is a specified violent offence within Chapter 5 Part 12 Criminal Justice Act 2003 (life sentences, sentences for public protection and extended sentences)
• This offence is a "convention" offence for the purposes of Part 1 of the Terrorism Act 2006

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