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Explosive substances (terrorism only)

Terrorism and security — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Terrorism and security

Explosive substances (terrorism only)

Explosive Substances Act 1883 (terrorism context as per guideline)

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Indictable only
Maximum penalty
Life imprisonment

Actus reus

  • Unlawfully and maliciously causes by an explosive substance an explosion of a nature likely to endanger life or to cause serious injury to property (Explosive Substances Act 1883, s.2). Injury need not actually be caused.

Mens rea

  • “Maliciously” in this Act is the statutory word — prove the causing of such an explosion unlawfully and maliciously. Do not import a terrorism-purpose element unless a terrorism count is also charged.

Defences

No explosion of that nature · Did not cause it · Not unlawful / not malicious

Sentencing Council

Sentencing Council guideline effective 01 October 2022. Offence range: 3 years’ custody – Life Imprisonment (minimum term 40 years).

View definitive guideline ↗

At the police station

The SC terrorism guideline may apply on the facts, but s.2 is a separate 1883 offence. Confirm any parallel TA counts.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested. Terrorism Act detention needs a solicitor used to TA procedure.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.