Landmines Bill

House of Commons

Session 1997-98
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Arrangement of Clauses (Contents)

Landmines Bill

International military operations.     5. - (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 Army Act 1955;

"military operation" includes any naval or air force operation; and

"operation" includes exercises and other activities.

Other defences to offences under section 2.     6. - (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;

(c) states that he is considering whether to secure its destruction under sections 8 to 10;

(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

(c) 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.     9. - (1) This section applies if an object is removed from premises under section 8, and for the purposes of this section-

(a) the first six-month period is the period of six months beginning with the day after the removal; and

(b) the second six-month period is the period of six months beginning with the day after the first six-month period ends.

    (2) If at any time in the first six-month period-

(a) any person appears to the Secretary of State to have had the object in his possession immediately before its removal, or

(b) any person not falling within paragraph (a) appears to the Secretary of State to have an interest which the Secretary of State believes would be materially affected by the object's destruction,

the Secretary of State must serve on that person a copy of a notice falling within subsection (3).

    (3) 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 proposes to secure its destruction and gives the reasons for his proposal;

(c) states that the person on whom the copy of the notice is served may object to the Secretary of State's proposal; and

(d) states than an objection (if made)-

(i) must be made in writing to the Secretary of State before such date as is specified in the notice; and

(ii) must state why the object should not be destroyed.

    (4) If at any time in the second six-month period the Secretary of State decides that the object should be destroyed, he may authorise a person to destroy it.

    (5) Before he reaches a decision under subsection (4) the Secretary of State must-

(a) allow any person on whom a copy of a notice has been served under subsection (2) time to respond; and

(b) take into account any objections to the object's proposed destruction (whether made in response to a notice or otherwise).

    (6) If an object is removed from premises under section 8 and destroyed under this section, the Secretary of State may recover from any person who had possession of the object immediately before its removal any costs reasonably incurred by the Secretary of State in connection with the removal and destruction.

    (7) If-

(a) an object is removed from premises under section 8,

(b) at the end of the second six-month period the Secretary of State has not authorised the destruction of the object, and

(c) a person had possession of the object immediately before its removal,

the Secretary of State must return the object to the person mentioned in paragraph (c) or, if there is more than one, to such of them as the Secretary of State thinks appropriate.

© Parliamentary copyright 1998
Prepared 3 July 1998

Landmines Bill

International military operations.	5. - (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 Army Act 1955;
	"military operation" includes any naval or air force operation; and
	"operation" includes exercises and other activities.
Other defences to offences under section 2.	6. - (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;
	(c) states that he is considering whether to secure its destruction under sections 8 to 10;
	(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
	(c) 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.	9. - (1) This section applies if an object is removed from premises under section 8, and for the purposes of this section-
	(a) the first six-month period is the period of six months beginning with the day after the removal; and
	(b) the second six-month period is the period of six months beginning with the day after the first six-month period ends.
	(2) If at any time in the first six-month period-
	(a) any person appears to the Secretary of State to have had the object in his possession immediately before its removal, or
	(b) any person not falling within paragraph (a) appears to the Secretary of State to have an interest which the Secretary of State believes would be materially affected by the object's destruction,
	the Secretary of State must serve on that person a copy of a notice falling within subsection (3).
	(3) 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 proposes to secure its destruction and gives the reasons for his proposal;
	(c) states that the person on whom the copy of the notice is served may object to the Secretary of State's proposal; and
	(d) states than an objection (if made)-
	(i) must be made in writing to the Secretary of State before such date as is specified in the notice; and
	(ii) must state why the object should not be destroyed.
	(4) If at any time in the second six-month period the Secretary of State decides that the object should be destroyed, he may authorise a person to destroy it.
	(5) Before he reaches a decision under subsection (4) the Secretary of State must-
	(a) allow any person on whom a copy of a notice has been served under subsection (2) time to respond; and
	(b) take into account any objections to the object's proposed destruction (whether made in response to a notice or otherwise).
	(6) If an object is removed from premises under section 8 and destroyed under this section, the Secretary of State may recover from any person who had possession of the object immediately before its removal any costs reasonably incurred by the Secretary of State in connection with the removal and destruction.
	(7) If-
	(a) an object is removed from premises under section 8,
	(b) at the end of the second six-month period the Secretary of State has not authorised the destruction of the object, and
	(c) a person had possession of the object immediately before its removal,
	the Secretary of State must return the object to the person mentioned in paragraph (c) or, if there is more than one, to such of them as the Secretary of State thinks appropriate.