Attempt to cause explosion or conspiracy to cause explosion or making or keeping explosive with intent to endanger life or property
Date produced: 24 August 2007
Title: Explosives
Offence: Attempt to cause explosion or conspiracy to cause explosion or making or keeping explosive with intent to endanger life or property
Legislation: Explosive Substances Act 1883, s.3 (as amended)
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 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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