Biological Weapons (CAP. 5 2 1

CHAPTER 52

T H E BIOLOGICAL WEAPONS ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3 . Restriction on development, etc., of certain biological

agents, toxins and weapons.
4. No prosecution without consent of the Director of Public

Prosecutions.
5. Offences by bodies corporate.
6. Arrest without warrant.
7. Power to search and obtain evidence.

BIOLOGICAL WEAPONS

(3rd December, 1975 .) 22/1975.

1. This Act may be cited as the Biological Weapons Short
Act.

2. In this Act, unless the context otherwise requi~es- Interpretation

"biological agent" means any microbial or other
biological agent;

"section" means section of this Act; and

"toxin" means any toxin whatever its origin or method
of production.

LAWS OF ANTIGUA AND BARBUDA

2 CAP. 52) Biolofical Weapons

Restriction on 3. Any person who develops, produces, stockpiles,
development etc.
of certain acquires or retains-
biological agents,
toxins and ( a ) any biological agent or toxin of a type and in
Weapons. quantity that has no justification for prophylactic, pro-

tective or other peaceful purpose; or

( b ) any weapon, equipment or means of delivery
designed to use biological agents or toxins for hostile
purposes or in armed conflict,

shall be guilty of an offence and shall be liable on conviction
on indictment to a fine of fifteen thousand dollars and to
imprisonment for life.

No prosecution
without consent of

4. (1) Proceedings for an offence under section 3 shall
the Director of not be instituted except by or with the written consent of
Public
Prosecutions.

the Director of Public Prosecutions.

( 2 ) Subsection (1) hereof shall not prevent the issue or
execution of a warrant for the arrest of any person in respect
of an offence or the remanding in custody or on bail of any
person charged with an offence.

Offences by bodies 5 . Where an offence under section 3 which is com-
corporate.

mitted by a body corporate is proved to have been commit-
ted with the consent and connivance of, or to be attributable
to any negligence on the part of any director, manager,
secretary or other similar officer of the body corporate or
any person who was purporting to act in any such capacity
both such person, as well as the body corporate, shall be
guilty of an offence under section 3 and shall be liable to
be proceeded against and punished accordingly.

Arrest without 6. (1) Where any police officer with reasonable cause
warrant.

suspects or has reasonable cause to suspect that an offence
under section 3 has been or is about to be committed, such
police officer may arrest without warrant anyone whom he
with reasonable cause suspects to be guilty of such offence
or to be about to commit such offence.

( 2 ) The provisions of this section shall not affect the
operation of any power to arrest conferred by law apart from
this section.

LAWS OF ANTIGUA AND BARBUDA

Biological Weapons (CAP. 52 3

7. ( 1 ) If a magistrate is satisfied by evidence on oath ~ ' ~ o r b : ~ i ~ h
that there are reasonable grounds for suspecting that an evidence.
offence under section 3 has been or is about to be commit-
ted he may grant a search warrant authorising a police officer,
not below the rank of sergeant, named therein-

( a ) to enter at any time within three months of the
date of the warrant, any premises or place named
therein, if necessary by force, and search such premises
or place and every person found therein;

( 6 ) to inspect any document found in the premises
or place or in the possession of any person found therein
and to take copies of, or seize and detain any such
document;

(c ) to inspect, seize and detain any equipment so
found; and

(6) to inspect, sample, seize and detain any
substance so found.

(2) A warrant issued under section ( 1 ) hereof authoris-
ing a police officer of or above the rank of sergeant to take
the steps therein mentioned, may also authorise any person
named in the warrant to accompany any such police officer
and to assist him in the taking of any of these steps.