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Explosive Substances Act 1883


Published: 2012-09-01

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The Explosive Substances Act 1883

c i e
AT 2 of 1883

THE EXPLOSIVE SUBSTANCES ACT 1883

The Explosive Substances Act 1883 Index


c AT 2 of 1883 Page 3

c i e
THE EXPLOSIVE SUBSTANCES ACT 1883

Index Section Page

1 Short title .......................................................................................................................... 5
2 Causing explosion likely to endanger life or property .............................................. 5
3 Attempt to cause explosion, or making or keeping explosive with intent to
endanger life or property ............................................................................................... 5
4 Making or having possession of explosives under suspicious
circumstances .................................................................................................................. 6
5 Accessories ....................................................................................................................... 6
6 Inquiry by Attorney General, and apprehension of absconding witnesses ........... 6
7 No prosecution except by leave of Attorney General ............................................... 7
8 Search for and seizure of explosive substances .......................................................... 8
9 Explosive substances on board vessels ........................................................................ 8
10 Definitions........................................................................................................................ 8
APPENDIX 9

DANGEROUS GOODS ACT 1871 SECTIONS 21, 22 AND 24 9
See note to s 8 9

21 Power to issue search warrants .................................................................................... 9
22 Penalty for obstructing inspectors .............................................................................. 10
24 Recovery of penalties ................................................................................................... 10
ENDNOTES 11

TABLE OF LEGISLATION HISTORY 11
TABLE OF RENUMBERED PROVISIONS 11
TABLE OF ENDNOTE REFERENCES 11

The Explosive Substances Act 1883 Section 1


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c i e
THE EXPLOSIVE SUBSTANCES ACT 1883

Received Royal Assent: 22 May 1883
Promulgated: 5 July 1883
Commenced: 5 July 1883
AN ACT
to Amend the Law relating to Dangerous Goods and Explosive
Substances.
GENERAL NOTE:
References to penal servitude and hard labour are to be construed
in accordance with the Custody Act 1995 Sch 3 para 1.
1 Short title

This Act may be cited as ‘The Explosive Substances Act, 1883’.
2 Causing explosion likely to endanger life or property

[P1975/59/7]
A person who, in the Island or (being a British citizen, a British Dependent
Territories citizen or a British Overseas citizen) 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 information, shall be liable to
imprisonment for life.1

3 Attempt to cause explosion, or making or keeping explosive with

intent to endanger life or property

[P1975/59/7]
(1) A person who, in the Island or a dependency of the United Kingdom or
(being a British citizen, a British Dependent Territories citizen or a British
Overseas citizen) 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 Island or
elsewhere; or2

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(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 Island or elsewhere, or
to enable any other person so to do,3

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 information, shall be liable to
imprisonment for life and the explosive substance shall be forfeited.
(2) In this section, ‘dependency of the United Kingdom’ means the Channel
Islands and any colony of the United Kingdom, other than a colony for
whose external relations a country other than the United Kingdom is
responsible.4

4 Making or having possession of explosives under suspicious

circumstances

(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, nor less than
five years, or to imprisonment for a term not exceeding two years, with
or without hard labour, and the explosive substance shall be forfeited.
(2) [Repealed]5

5 Accessories

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.
6 Inquiry by Attorney General, and apprehension of absconding

witnesses

(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 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 any Court House or
other place, and examine on oath concerning such crime any witness
appearing before him, and may take the deposition of such witness, and,
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if he see cause, may bind such witness by recognizance to appear and
give evidence at any time 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.6

(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.
7 No prosecution except by leave of Attorney General

(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, except such as the justice may think
necessary by remand, or otherwise, to secure the safe custody of such
person.
(2) In framing an indictment the same criminal act may be charged in
different counts as constituting different crimes under this Act, and upon
the trial of any such indictment the prosecutor shall not be put to his
election as to the count on which he must proceed.
(3) For all purposes of and incidental to arrest, trial, and punishment, a
crime for which a person is liable to be punished under this Act, when
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committed out of this Isle, shall be deemed to have been committed in
the place in which such person is apprehended or is in custody.
(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 Tynwald other than this Act, but no person shall be punished twice for
the same criminal act.
8 Search for and seizure of explosive substances

Sections twenty-one, twenty-two, and twenty-four of ‘The Dangerous Goods
Act, 1871’ (which sections relate to the search for, seizure, and detention of
dangerous goods, and the forfeiture thereof, and the disposal of dangerous
goods seized or forfeited), shall apply in like manner as if a crime or forfeiture
under this Act were an offence or forfeiture under the ‘Dangerous Goods Act,
1871’.7

9 Explosive substances on board vessels

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 by law to throw overboard, 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 receptacle 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 law, 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.
10 Definitions

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 word “justice
” shall mean justice of the peace, and shall include high-
bailiff.
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APPENDIX

DANGEROUS GOODS ACT 1871 SECTIONS 21, 22 AND 24
See note to s 8
21 Power to issue search warrants

It shall be lawful for any officer of customs, any head constable, inspector, or
sergeant of police, without any warrant, and for any other person under the
warrant of a High-Bailiff or Justice of Peace (such warrant to be issued on
demand made and reasonable cause assigned upon oath by any person), at all
reasonable times to inspect and test all petroleum kept, offered, or exposed for
sale, or to search any house, mill, magazine, storehouse, warehouse, shop,
cellar, yard, wharf, or other place, or any carriage or ship in which dangerous
goods are suspected to be kept or carried contrary to this Act, and all dangerous
goods found to be kept or carried, and all petroleum kept, offered, or exposed
for sale contrary to this Act, and also the barrels or other receptacles containg
the same, shall be immediately seized by the inspector or searcher, who shall,
with all convenient speed after the seizure, remove such dangerous goods, and
the barrels or other receptables in which they shall be, to such proper places as
he, in conformity to the restrictions of this Act, shall think fit; and, in the case of
any such dangerous goods being seized in any carriage or ship, may use for the
purpose of removal, during the space of twenty-four hours after seizure, such
carriage or ship, with the tackling, beasts, and accountrements belonging
thereto (paying afterwards to the owner or owners thereof a sufficient
recompense for the use thereof, to be settled by the Court before whom the
compliant shall be heard after the seizure, and in case of non-payment
immediately after settlement by such Court, to be recoverable as in the case of
pecuniary penalties under this Act), and may detain such dangerous goods, and
the barrels or other receptables in which they shall be, till it shall be adjudged
on a hearing whether the same shall be forfeited; and such searcher or seizer
shall not be liable to any suit for such detainer, or for any loss of or damage
which may happen to the said dangerous goods, or barrels or other receptacles,
other than by his wilful act or neglect, or the wilful act or neglect of the persons
with whom he shall entrust the keeping thereof: Provided always, that
whenever petroleum shall be seized on being tested, the person who examines
the same shall retain a sample thereof, and if the person in whose possession
any such petroleum shall be found, shall claim to have a further test made on
his behalf, the Court before which complaint of the offence may be laid, shall
cause a portion of the sample retained as aforesaid to be examined and tested by
a public analyst, if there be one appointed; and if there be no such public
analyst, then the Court shall call before it some other person having competent
chemical knowledge, who shall test a portion of the sample so retained as
aforesaid in the manner hereinbefore provided, and shall give evidence of the
result of such test. And the expense of the testing, not being more than ten
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shillings and sixpence, nor less than two shillings and sixpence, shall be deemed
part of the cost of the suit.
22 Penalty for obstructing inspectors

Any occupier of any magazine or place which any person by the authority of
this Act is empowered to enter, inspect, examine, or search, who refuses or
neglects to furnish to such person the means necessary for making his entry,
inspection, examination, or search, and every person who wilfully obstructs any
such person in the execution of his powers, shall, for such offence, forfeit a sum
not exceeding twenty pounds. And every person who shall commit a breach of
or neglect to comply with such conditions as the Governor shall prescribe for
the user of existing magazines, shall, for such offence, forfeit a sum not
exceeding twenty pounds.
24 Recovery of penalties

Any forfeiture or penalty, or forfeiture and penalty (as the case may be), for any
offence (other than a misdemeanour) against this Act may be proceeded for,
enforced, and recovered summarily at the suit of any harbour-master, officer of
the customs, constable, or other person, before a High-Bailiff or two Justices of
the Peace, and on conviction the Court before whom the offence is tried shall
order all articles which may be adjudged to be forfeited to be sold; and one
moiety of the net proceeds of every forfeiture, and also of every penalty
recovered, shall be paid to the informer. In case of non-payment of any penalty
and costs on conviction, the offender shall be ordered to be imprisoned for any
term not exceeding three months; but if the offender be a corporation, the
penalty and costs shall be recovered by execution: Provided always, that it shall
be lawful for the Governor, in his discretion, to remit, mitigate, or suspend any
forfeiture or the payment of any penalty.
The Explosive Substances Act 1883 Endnotes


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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
S 2 substituted by Criminal Law Act 1981 Sch 7 and amended by Criminal Law
(Amendment) Act 1985 Sch 2 with effect from 1/1/1983. 2
Para (a) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 54. 3
Para (b) amended by Anti-Terrorism and Crime (Amendment) Act 2011 s 54. 4
S 3 substituted by Criminal Law Act 1981 Sch 7 and amended by Criminal Law
(Amendment) Act 1985 Sch 2 with effect from 1/1/1983. 5
Subs (2) repealed by Statute Law Revision Act 1997 Sch 2. 6
Subs (2) amended by Civil Evidence Act 1973 Sch 1. 7
Act of 1871 repealed by the Dangerous Goods Act 1928 with a saving for any
provision incorporated in any other enactment (see s 2(e)). Sections 21, 22 and 24 of the
1871 Act (as of 16 October 1928) form an Appendix to this Act.