Legalize / United Kingdom / Public General Act

Landmines Act 1998

Type Public General Act

Publication 1998-07-28

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Introduction

Mines and components to which Act applies

1

(1) This section has effect for the purpose of construing this Act.

(2) An anti-personnel mine is a landmine which—

(a) is designed to be detonated by the presence, proximity or contact of an individual; and

(b) is capable of incapacitating, injuring or killing an individual.

(3) A component of an anti-personnel mine is anything designed or adapted to form part of an anti-personnel mine.

(4) A prohibited object is an anti-personnel mine or any component of an anti-personnel mine.

(5) A landmine is a munition designed to be placed under, on or near the ground, or some other surface, and to be detonated by the presence, proximity or contact of an individual or vehicle.

(6) A landmine is not to be taken as designed to be detonated by the presence, proximity or contact of an individual by reason only of being designed to be detonated by the presence, proximity or contact of a vehicle in or on which there would be, or might be, an individual.

(7) A landmine which—

(a) is designed to be detonated by the presence, proximity or contact of a vehicle, but

(b) is equipped with an anti-handling device,

is not to be taken, by reason only of being so equipped, as designed to be detonated by the presence, proximity or contact of an individual.

(8) An anti-handling device is a device which—

(a) is part of, linked to, attached to or placed under a landmine;

(b) is intended to protect the landmine from being neutralised or made less effective or from being moved; and

Offences relating to anti-personnel mines

Prohibited conduct

2

(1) Subject to sections 3 to 6, no person shall—

(a) use an anti-personnel mine;

(b) develop or produce an anti-personnel mine;

(d) have a prohibited object in his possession; or

(e) participate in the transfer of a prohibited object.

(2) Subject to those sections, no person shall assist, encourage or induce any other person to engage in any conduct mentioned in subsection (1).

(3) For the purposes of this Act a person participates in the acquisition of an object if—

(a) he acquires the object or enters into a contract to acquire it; or

(b) he makes arrangements under which another person either acquires the object or enters into a contract to acquire it.

(4) For the purposes of this Act a person participates in the transfer of an object if—

(a) he transfers the object or enters into a contract to transfer it; or

(b) he makes arrangements under which another person either transfers the object or enters into a contract to transfer it.

(5) References in this Act to transferring an object include references to disposing of the object and to delivering it to another person.

(6) For the purposes of this Act—

(a) to acquire an object is to buy it, hire it, borrow it or accept it as a gift; and

(b) to dispose of an object is to sell it, let it on hire, lend it or give it.

(7) For the purposes of this Act a person shall not be taken to acquire or dispose of a prohibited object by reason only of his acquisition or disposal of an interest in or right over land containing one or more emplaced anti-personnel mines.

(8) A person contravening this section is guilty of an offence and liable, on conviction on indictment, to imprisonment for a term not exceeding fourteen years or to a fine, or to both.

Application of prohibitions to places outside the UK

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(1) Section 2(1) applies to conduct in the United Kingdom or elsewhere.

(2) Section 2(2) applies to assistance, encouragement and inducements in the United Kingdom or elsewhere, and it so applies irrespective of whether the conduct assisted, encouraged or induced takes place, or (if it takes place) will take place, in the United Kingdom or elsewhere.

(3) Subsections (1) and (2) of section 2, so far as they apply respectively to—

(a) conduct outside the United Kingdom, and

(b) assistance, encouragement and inducements outside the United Kingdom,

impose prohibitions only on United Kingdom nationals, Scottish partnerships and bodies incorporated under the law of a part of the United Kingdom.

(4) Her Majesty may by Order in Council extend the application of subsections (1) and (2) of section 2, so far as they apply as mentioned in subsection (3), to bodies incorporated under the law of any of the Channel Islands, the Isle of Man or any colony.

(5) For the purposes of this section a United Kingdom national is an individual who is—

(a) a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen;

(b) a person who under the British Nationality Act 1981 is a British subject; or

(6) Proceedings for an offence under section 2 committed outside the United Kingdom may be taken, and the offence may for incidental purposes be treated as having been committed, in any place in the United Kingdom.

Conduct that is permitted

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(1) In proceedings for an offence under section 2 it is a defence for the accused to prove that his conduct was prevented from being a contravention of that section by the provisions of this section.

(2) It is not a contravention of section 2 for a person to participate in the transfer of a prohibited object if—

(a) he does so with the intention that it will be used only for purposes permitted by subsection (7); and

(b) the transfer in question is authorised by the Secretary of State for the purposes of this subsection.

(3) It is not a contravention of section 2 for a person—

(a) to participate in the transfer of a prohibited object for the purpose only of enabling it to be destroyed; or

(b) to have such an object in his possession for the purpose only (with or without such a transfer) of securing its destruction.

(4) It is not a contravention of section 2 for a person to have a prohibited object in his possession if—

(a) he has it in his possession with the intention that it will be used only for purposes permitted by subsection (7); and

(b) it is an object which the Secretary of State has authorised him for the purposes of this subsection to have in his possession.

(5) It is not a contravention of section 2 for a person to participate in the acquisition of a prohibited object if—

(a) the acquisition that has been made, agreed or arranged is an acquisition by means of a transfer which is permitted by virtue of subsection (2) or (3); and

(b) he participates in that acquisition—

(i) with the intention that the object will be used only for purposes permitted by subsection (7); or

(ii) for the purpose (with or without a further transfer) of enabling the object to be destroyed.

(6) It is not a contravention of section 2 for a person at any time to assist, encourage or induce any conduct if, at that time, he has reasonable cause to believe—

(a) that the conduct in question is conduct which is or will be prevented by the provisions of this section from being a contravention of section 2; or

(b) that it would be so prevented if it were not otherwise prevented from being such a contravention.

(7) The purposes permitted by this subsection are—

(a) the development of techniques of mine detection, mine clearance or mine destruction;

(b) training in techniques of mine detection, mine clearance or mine destruction; and

(c) the purposes of any proceedings under this Act or of any criminal investigation or other criminal proceedings in which the object in question is or may be evidence.

(8) No person shall be authorised by the Secretary of State for the purposes of subsection (2) or (4) to transfer, or to have in his possession, any prohibited objects of any description in numbers in excess of what is necessary for the purposes permitted by subsection (7).

International military operations

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(1) A person is not guilty of a section 2 offence in respect of any conduct of his which—

(a) takes place in the course of, or for the purposes of, a military operation to which this section applies, or the planning of such an operation; and

(b) is not, and does not relate to, the laying of anti-personnel mines in contravention of the Ottawa Convention.

(2) In proceedings for a section 2 offence in respect of any conduct it is a defence for the accused to prove that—

(a) the conduct was in the course of, or for the purposes of, a military operation or the planning of a military operation;

(b) the conduct was not the laying of an anti-personnel mine;

(c) at the time of the conduct he believed, on reasonable grounds, that the operation was or would be an operation to which this section applies; and

(d) he did not suspect, and had no grounds for suspecting, that the conduct related to the laying of anti-personnel mines in contravention of the Ottawa Convention.

(3) This section applies to a military operation if—

(a) it takes place wholly or mainly outside the United Kingdom;

(b) it involves the participation both of members of Her Majesty’s armed forces and of members of the armed forces of a State other than the United Kingdom; and

(c) the operation is one in the course of which there is or may be some deployment of anti-personnel mines by members of the armed forces of one or more States that are not parties to the Ottawa Convention, but in the course of which such mines are not to be laid in contravention of that Convention.

(4) If in any proceedings any question arises whether any actual or planned military operation involved the participation of any person, a certificate issued by or under the authority of the Secretary of State stating any fact relating to that question shall be conclusive evidence of that fact.

(5) For the purposes of this section the laying of anti-personnel mines is to be taken to be in contravention of the Ottawa Convention in any circumstances other than those where the mines are laid by members of the armed forces of a State that is not a party to that Convention.

(6) For the purposes of this section a State is a party to the Ottawa Convention if, under Article 16 of that Convention, that State has ratified, accepted or approved that Convention or has acceded to it and either—

(a) that Convention is in force in relation to that State; or

(b) paragraph 1 of Article 1 of that Convention is being provisionally applied in relation to that State in accordance with Article 18.

(7) In this section—

“Her Majesty’s armed forces” means any of Her Majesty’s forces, within the meaning of the Armed Forces Act 2006;

“military operation” includes any naval or air force operation; and

“operation” includes exercises and other activities.

Other defences to offences under section 2

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(1) In proceedings for an offence under section 2(1) (a), (c), (d) or (e) relating to any object it is a defence for the accused to prove that, at the time of the conduct in question, he neither knew nor suspected, nor had reason to suspect, that it was a prohibited object.

(2) In proceedings for an offence under section 2(1) (c), (d) or (e) relating to a component of an anti-personnel mine it is a defence for the accused to prove either—

(a) that, at the time of the conduct in question, there was no proposal to use the component as part of an anti-personnel mine; or

(b) that, at that time, he neither knew nor suspected, nor had reason to suspect, that there was any proposal to use the component as part of an anti-personnel mine.

(3) In proceedings for an offence under section 2(1)(d) relating to any object it is a defence for the accused to prove—

(a) that (having come to know or suspect while the object was in his possession that it was a prohibited object) he took all reasonable steps, as soon as reasonably practicable after he first had that knowledge or suspicion, to inform the Secretary of State, or a constable, of his knowledge or suspicion; or

(b) that he did not have any knowledge or suspicion that the object was a prohibited object, nor any reason for such a suspicion, until he became aware of the Secretary of State’s exercise in the case of that object of a power conferred on the Secretary of State by this Act.

(4) In proceedings for an offence under section 2(2) it is a defence for the accused to prove that, at the time when he assisted, encouraged or induced the conduct in question, he neither knew nor suspected, nor had reason to suspect, that the conduct related, or might relate, to a prohibited object.

Securing the destruction of anti-personnel mines

Suspicious objects

7

(1) If—

(a) the Secretary of State has grounds to suspect that an object is a prohibited object, and

(b) it does not appear to him that the only persons in possession of that object are persons whose possession of the object is prevented from being a contravention of section 2 by the provisions of section 4,

the Secretary of State may serve a copy of a notice falling within subsection (2) on any person falling within subsection (3).

(2) A notice falling within this subsection is a notice which—

(a) describes the object and states its location;

(b) states that the Secretary of State suspects that the object is a prohibited object and gives the reasons for his suspicion;

(d) states that any person may make representations that the object is not a prohibited object or is lawfully in his possession; and

(e) states that a person on whom the notice is served and who has the object in his possession must not relinquish possession before a date specified in the notice.

(3) The persons falling within this subsection are—

(a) any person who appears to the Secretary of State to have the object in his possession; and

(b) any person not falling within paragraph (a) who appears to the Secretary of State to have an interest which the Secretary of State believes will be materially affected by the service of the notice.

Power to remove or immobilise objects

8

(1) If the Secretary of State has reasonable cause to believe—

(a) that an object is on premises to which the public has access or which are occupied by a person who consents to action being taken under this section,

(b) that the object is a prohibited object, and

(c) that the case is not one where the only persons in possession of that object are persons whose possession of the object is prevented from being a contravention of section 2 by the provisions of section 4,

the Secretary of State may authorise a person to enter the premises and to search them.

(2) If (whatever the nature of the premises concerned)—

(a) a justice of the peace is satisfied, on information on oath, that there is reasonable cause to believe that there are grounds for issuing a warrant under this subsection in relation to any premises, or

(b) in Scotland, a justice (within the meaning of section 307 of the Criminal Procedure (Scotland) Act 1995) is so satisfied by evidence on oath,

he may issue a warrant in writing authorising a person acting under the authority of the Secretary of State to enter the premises, if necessary by force, at any time within one month from the time of the issue of the warrant and to search them.

(3) There are grounds for issuing a warrant under subsection (2) in relation to any premises if—

(a) a prohibited object is on the premises; and

(b) the case is not one where the only persons in possession of that object are persons whose possession of the object is prevented from being a contravention of section 2 by the provisions of section 4.

(4) A person who acts under an authorisation or warrant under subsection (1) or (2) may take with him such other persons and such equipment as appear to him to be necessary.

(5) Subject to subsection (6), if a person enters premises under an authorisation or warrant under subsection (1) or (2) and a prohibited object is found there, he may make the object safe and—

(a) he may seize and remove it if it is reasonably practicable to do so; or

(b) he may, in any other case, affix a warning to the object, or in a conspicuous position to something near the object, stating that the object is not to be moved or interfered with before the date specified in the warning.

(6) A person shall not exercise the powers conferred by subsection (5) if he is satisfied—

(a) that the object is in the possession of one or more persons; and

(b) that that person, or each of those persons, is a person whose possession of the object is prevented from being a contravention of section 2 by the provisions of section 4.

(7) For the purposes of subsection (5) an object is made safe if, without being destroyed, it is prevented from being an immediate danger (by the disconnection of a detonator or otherwise).

(8) If the authorisation or warrant so provides, the powers conferred on any person by an authorisation or warrant under subsection (1) or (2) shall be exercisable only in the presence of a constable.

(9) This section applies whether or not any copy of a notice has been served under section 7.

Power to destroy removed objects

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(1) This section applies if an object is removed from premises under section 8, and for the purposes of this section—

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