Possession of Explosive Substance with Intent to Endanger Life (Section 3 Explosive Substances Act 1883)

Possession of Explosive Substance with Intent to Endanger Life is an offence under s.3(1)(b) Explosive Substances Act 1883. A person who in the United Kingdom or a dependency (or, being a citizen of the United Kingdom and Colonies, elsewhere) unlawfully and maliciously 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 elsewhere, or to enable any other person so to do, is guilty of the offence, whether any explosion does or does not take place and whether any injury to person or property is actually caused or not (s.3(1)(b)). Section 3(1)(a) separately covers doing any act with intent to cause, or conspiring to cause, such an explosion. Maximum sentence: on conviction on indictment, imprisonment for life, and the explosive substance shall be forfeited (s.3(1)). "Dependency" means the Channel Islands, the Isle of Man and any colony other than one for whose external relations a country other than the United Kingdom is responsible (s.3(2)). Where intent cannot be shown, s.4(1) makes it an offence to make or knowingly have in one's possession or under one's control any explosive substance under such circumstances as to give rise to a reasonable suspicion that it is not for a lawful object, unless the person can show that it was; that offence also carries life imprisonment on conviction on indictment (s.4(1A)).

In practice

This is an indictable-only offence: it must be tried at the Crown Court. The charging decision rests with the CPS (not police). The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).