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).
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.