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An Act to amend the Law relating to Explosive Substances.
[10th April 1883]
This Act may be cited as the Explosive Substances Act 1883.
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 and on conviction on indictment shall be liable to imprisonment for life. ]
Modifications etc. (not altering text)
(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 [ F3 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 [ F3 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 and on conviction on indictment shall be liable to imprisonment for [ F4 life ] , and the explosive substance shall be forfeited.
(2) In this section “ dependency ” means the Channel Islands, the Isle of Man and any colony, other than a colony for whose external relations a country other than the United Kingdom is responsible. ]
Modifications etc. (not altering text)
(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 [ F5 guilty of an offence ] .
[ F6 (1A) A person who is guilty of an offence under subsection (1) is liable, on conviction on indictment, to imprisonment for life.
(1B) Where a person is convicted of an offence under subsection (1) the explosive substance is to be forfeited. ]
[ F7 (2) In any proceeding against any person for a crime under this section, such person and his wife, or husband, as the case may be, may, if such person thinks fit, be called, sworn, examined, and cross-examined as an ordinary witness in the case. ]
Modifications etc. (not altering text)
Any person who within or (being a subject of Her Majesty) without Her Majesty’s dominions by the supply of or solicitation for money, the providing of premises, the supply of materials, or in any manner whatsoever, procures, counsels, aids, abets, or is accessory to, the commission of any crime under this Act, shall be guilty of felony, and shall be liable to be tried and punished for that crime, as if he had been guilty as a principal.
Modifications etc. (not altering text)
(1) Where the Attorney General has reasonable ground to believe that any crime under this Act has been committed, he may order an inquiry under this section, and thereupon any justice [ F8 [ F9 for the county, borough, or place in which the crime was committed or is suspected to have been committed ] , ] who is authorised in that behalf by the Attorney General, may, although no person may be charged before him with the commission of such crime, [ F10 sit at a [ F11 police court, or ] petty sessional or occasional court-house, or police station [ F12 in the said county, borough, or place ] , and ] examine on oath concerning such crime any witness appearing before him, and may take the deposition of such witness, and, if he see cause, may bind such witness by recognizance to appear and give evidence at [ F13 the next petty sessions, or [ F13 a magistrates' court ] ] when called upon within three months from the date of such recognizance; and the law relating to the compelling of the attendance of a witness before a justice, and to a witness attending before a justice and required to give evidence concerning the matter of an information or complaint, shall apply to compelling the attendance of a witness for examination and to a witness attending under this section.
(2) A witness examined under this section shall not be excused from answering any question on the ground that the answer thereto may criminate, or tend to criminate, [ F14 himself ] [ F14 that witness or the [ F15 spouse or civil partner ] of that witness ] ; but any statement made by any person in answer to any question put to him [ F16 or her ] on any examination under this section shall not, except in the case of an indictment or other criminal proceeding for perjury, be admissible in evidence [ F17 against him ] [ F17 against that person or the [ F15 spouse or civil partner ] of that person ] in any proceeding, civil or criminal.
(3) [ F18 A justice who conducts the examination under this section of a person concerning any crime shall not take part in the committing for trial of such person for such crime. ]
(4) Whenever any person is bound by recognizance to give evidence before justices, or any criminal court, in respect of any crime under this Act, any justice, if he sees fit, upon information being made in writing and on oath, that such person is about to abscond, or has absconded, may issue his warrant for the arrest of such person, and if such person is arrested any justice, upon being satisfied that the ends of justice would otherwise be defeated, may commit such person to prison until the time at which he is bound by such recognizance to give evidence, unless in the meantime he produces sufficient sureties: Provided that any person so arrested shall be entitled on demand to receive a copy of the information upon which the warrant for his arrest was issued.