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Explosives

Plain-English digest of CPS prosecution guidance.

All CPS guidance

AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.

This CPS prosecution guidance provides key information on the prosecution of offences related to explosives under the Explosive Substances Act 1883. It covers evidential considerations, public interest factors, and appropriate charges, emphasizing the seriousness of explosives offences and their potential links to terrorism. The guidance also highlights the need for expert evidence and the conditions required for lawful object defenses, especially when personal experimentation is involved.

Key points

  • Prosecution requires evidence of intent to endanger life or cause serious injury to property.
  • Expert evidence is generally necessary to prove an article is an explosive substance.
  • The definition of 'lawful object' may include personal experimentation but with significant restrictions.
  • Public safety risks should be assessed when considering prosecution.
  • Threshold test cases require reasonable grounds to suspect the charged offence.
  • Consent from the Attorney General is necessary for prosecuting under ESA 1883.

Public-interest factors

  • Seriousness of the offence may justify prosecution despite other mitigating factors.
  • Public safety risks should influence the decision to prosecute.
  • Technical contraventions without public risk may not require prosecution.
  • Offences likely to cause harm to individuals or property are prioritized.
  • Counseling alignments with other legal guidelines is crucial when evaluating public interest.
Explosive Substances Act 1883TerrorismViolent CrimePublic SafetyHealth and Safety OffencesFireworks Act 2003Poisons Act 1972Manufacture and Storage of Explosives Regulations 2005Explosives Regulations 2014Policing Act 2017
Read the full guidance on cps.gov.uk
Last reviewed: 30 October 2023 · Next review due: 30 April 2024

This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.