Making or possessing explosives
Date produced: 22 January 2010
Title: Explosives
Offence: Making or possessing explosives
Legislation: Explosive Substances Act 1883, s.4
Mode of Trial: Indictable only
Statutory Limitations & Maximum Penalty: Consent of the Attorney General required to prosecute. 14 years imprisonment
Sentencing Range: See cases below.
Aggravating & Mitigating Factors
Aggravating
- Intent to cause injury or damage
- Nature and quality of explosives or sophistication of device,particularly any anti-handling device
- Act involving terrorism or a political campaign
Mitigating
- Assistance to police
Relevant Sentencing Case Law
R v Martin [1999] 1 Cr App R (S) 477 which established the range of sentence for explosives offences generally and distinguished between cases where the primary purpose was aimed at endangering life and destruction of property (the sentencing range recommended in Martin was of particular application to the offences under sections 2 and 3 of this Act).
But see:
R v Assali (1986) 8 Cr App R (S) 364 - 9 years imprisonment where owner of electronics business made timers for use in explosive devices by terrorists.
R v Lloyd [2001] 2 Cr App R (S) 493; EWCA Crim 600 - 3 and a half years imprisonment for man who made four devices from weedkiller and sugar on behalf of friend who wanted to make "a loud bang". D had long standing hobby interest in fireworks and explosives and made explosives to demonstrate his skill. He did not intend the devices to cause harm.
R v Currie (1988) 10 Cr App R (S) 452 - D pleaded guilty to possessing explosives. Police officers calling at his home to investigate an alleged assault were threatened with a home made device which could have caused serious injury to anyone within 3 metres of it. Sentenced to three years imprisonment.
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 is a "convention" offence for the purposes of Part 1 Terrorism Act 2006
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