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EXPLOSIVE SUBSTANCES ACT 1883

EXPLOSIVE SUBSTANCES ACT 1883 - LONG TITLE

An Act to amend the Law relating to Explosive Substances.
[10th April 1883]
Short title.

EXPLOSIVE SUBSTANCES ACT 1883 - SECT 1

1. This Act may be cited as the Explosive Substances Act, 1883.[

EXPLOSIVE SUBSTANCES ACT 1883 - SECT 2
Causing explosion likely to endanger life or property.

2. 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.][

EXPLOSIVE SUBSTANCES ACT 1883 - SECT 3
Attempt to cause explosion, or making or keeping explosive with
intent to endanger life or property.

3.(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 the Republic of Ireland, 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 the
Republic of Ireland, or to enable any other person so to do,

(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.]

EXPLOSIVE SUBSTANCES ACT 1883 - SECT 4
Making or possession of explosive under suspicious circumstances.

4.(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
guilty of felony, and, on conviction, shall be liable to penal
servitude for a term not exceeding fourteen years, or to
imprisonment for a term not exceeding two years..., and the
explosive substance shall be forfeited.

(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.

EXPLOSIVE SUBSTANCES ACT 1883 - SECT 5
Punishment of accessories.

5. 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.

EXPLOSIVE SUBSTANCES ACT 1883 - SECT 6
Inquiry by Attorney General, and apprehension of absconding witnesses.

6.(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 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, sit at a police
court, or petty sessional or occasional court-house, or police
station 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 the
next petty sessions, or 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, [that witness or the husband or
wife of that witness]; but any statement made by any person in
answer to any question put to him [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
[against that person or the husband or wife of that person] in any
proceeding, civil or criminal.

(3) 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.

EXPLOSIVE SUBSTANCES ACT 1883 - SECT 7
No prosecution except by leave of Attorney General. Procedure and
saving.

7.(1) If any person is charged before a justice with any crime
under this Act, no further proceeding shall be taken against such
person without the consent of the Attorney General,....

Subs.(2) rep. by 1945 c.16 (NI) s.9(3) sch.2; subs.(3) rep. by 1967
c.18 (NI) s.15(2) sch.2 Pt.II

(4) This Act shall not exempt any person from any indictment or
proceeding for a crime or offence which is punishable at common
law, or by any Act of Parliament other than this Act, but no
person shall be punished twice for the same criminal act.

EXPLOSIVE SUBSTANCES ACT 1883 - SECT 8
Search for and seizure of explosive substances.

8.(1) Sections seventy-three, seventy-four, seventy-five, eighty-nine,
and ninety-six of the Explosives Act, 1875 (which sections relate to
the search for, seizure, and detention of explosive substances, and
the forfeiture thereof, and the disposal of explosive substances
seized or forfeited),shall apply in like manner as if a crime or
forfeiture under this Act were an offence or forfeiture under the
Explosives Act, 1875.

(2) Where the master or owner of any vessel has reasonable cause
to suspect that any dangerous goods or goods of a dangerous nature
which, if found, he would be entitled to throw overboard in
pursuance of the Merchant Shipping Act, 1873, are concealed on board
his vessel, he may search any part of such vessel for such goods,
and for the purpose of such search may, if necessary, break open
any box, package, parcel, or receptable on board the vessel, and
such master or owner, if he finds any such dangerous goods or
goods of a dangerous nature, shall be entitled to deal with the
same in manner provided by the said Act, and if he do not find
the same, he shall not be subject to any liability, civil or
criminal, if it appears to the tribunal before which the question
of his liability is raised that he had reasonable cause to suspect
that such goods were so concealed as aforesaid.

EXPLOSIVE SUBSTANCES ACT 1883 - SECT 9
Definitions.

9.(1) In this Act, unless the context otherwise requires

The expression "explosive substance" shall be deemed to include any
materials for making any explosive substance; also any apparatus,
machine, implement, or materials used, or intended to be used, or
adapted for causing, or aiding in causing, any explosion in or with
any explosive substance; also any part of any such apparatus,
machine, or implement.

The expression "Attorney General" means Her Majesty's Attorney General
for...Ireland,...