Explosive Substances Act 1883

The Explosive Substances Act 1883 (c. 3) is an Act of the Parliament of the United Kingdom. It makes it illegal to use (or conspire or intend to use) any explosive substance to cause an explosion likely to endanger life or cause serious injury to property, whether or not any explosion actually takes place. A person guilty of an offence under this law is liable to life imprisonment.

Under the Act, it is also an offence, subject to imprisonment for two years, to possess explosives under suspicious circumstances.

Anyone who helps someone to commit a crime under this law by providing money, materials, premises, or any other assistance is tried and punished as severely as the person who actually uses the explosives.

Witnesses who are called during the official investigation or the trial can be arrested to prevent them from absconding and do not have the right of silence to protect themselves from self-incrimination. On the other hand, self-incriminating evidence from a witness cannot be used in a different criminal or civil proceeding.

Applications of this Act

It is obvious that any instance of terrorism involving any kind of bomb is necessarily a crime under Explosive Substances Act 1883 (as well as being a crime under the law against attempted murder). In fact, for many decades the Explosive Substances Act was the basis for the prosecution of terrorist cases, such as S-Plan in 1939, the Birmingham Six in 1975, Tony Lecomber in 1985, and the Talbot Street bomb-making haul in 2006.

Since 2000, there has been a series of special terrorism laws which appear to supersede the Explosive Substances Act in that they can also be used to investigate and prosecute those who misuse explosives to endanger life and property for illegitimate purposes (usually to further their own political causes).

The terrorism acts have been applied in the cases such as the 2004 Financial buildings plot and 2006 transatlantic aircraft plot in which the intent to misuse explosives is alleged. However, since no actual explosive substances have been found, the Explosive Substances Act cannot be made to apply.

A recent use of the Act was against Iraqi doctor Bilal Abdullah, who became the first person charged over the London and Glasgow car bomb attacks in 2007. Abdullah, who was arrested after a flaming Jeep was driven into the doors of the arrivals hall at Glasgow Airport. The 27-year-old, who was working as a doctor at the Royal Alexandra Hospital in Paisley, Scotland, before his arrest, was charged with conspiring to cause explosions under the Explosive Substances Act. The charge alleges he "unlawfully and maliciously conspired with others to cause explosions of a nature likely to endanger life or cause serious injury to property in the United Kingdom".

In April 2015, Faris al-Khori, a former Syrian doctor, was jailed for 40 months under the Explosives Substances Act for possessing explosive ingredients and bomb-making instructions in properties in Edinburgh.

External links

Text of the Explosive Substances Act 1883 as in force today (including any amendments) within the United Kingdom, from the UK Statute Law Database

United Kingdom legislation

Pre-Parliamentary legislation	List of English statutes Charter of Liberties Magna Carta

Acts of Parliament by states preceding the Kingdom of Great Britain	Acts of the Parliament of England to 1483 1485–1601 1603–1641 Interregnum (1642–1660) 1660–1699 1700–1706 Acts of the Parliament of Scotland Acts of the Parliament of Ireland to 1700 1701–1800

Acts of Parliament of the Kingdom of Great Britain	1707–1719 1720–1739 1740–1759 1760–1779 1780–1800

Acts of Parliament of the United Kingdom of Great Britain and Ireland and the United Kingdom of Great Britain and Northern Ireland	1801–1819 1820–1839 1840–1859 1860–1879 1880–1899 1900–1919 1920–1939 1940–1959 1960–1979 1980–1999 2000 to date Halsbury's Statutes UK Statute Law Database Short titles

Church of England measures	List Church of England Assembly (Powers) Act 1919

Legislation of devolved institutions	Acts of the Scottish Parliament Acts and Measures of the National Assembly for Wales Acts of the Northern Ireland Assembly Acts of the Parliament of Northern Ireland Orders in Council for Northern Ireland

Orders-in-Council	Order in Council

Secondary legislation	United Kingdom Statutory Instruments Scottish Statutory Instruments Act of Sederunt, Act of Adjournal

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