Cluster Munitions (Prohibitions) Bill [HL]

House of Commons

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Cluster Munitions (Prohibitions) Bill [HL]

Cluster Munitions (Prohibitions) Bill [HL]
Schedule 1 — Definitions of cluster munition, explosive bomblet etc.
22

Schedules
Schedule 1
Sections 1(6), 3(7), 6(10)

Definitions of cluster munition, explosive bomblet etc.
Definition of cluster munition and related terms

Article 2.2. “Cluster munition” means a conventional munition that is
5
designed to disperse or release explosive submunitions each weighing less
than 20 kilograms, and includes those explosive submunitions. It does not
mean the following:
(a)
A munition or submunition designed to dispense flares, smoke,
pyrotechnics or chaff; or a munition designed exclusively for an air
10
defence role;
(b)
A munition or submunition designed to produce electrical or
electronic effects;
(c)
A munition that, in order to avoid indiscriminate area effects and the
risks posed by unexploded submunitions, has all of the following
15
characteristics:
(i)
Each munition contains fewer than ten explosive
submunitions;
(ii)
Each explosive submunition weighs more than four
kilograms;
20
(iii)
Each explosive submunition is designed to detect and engage
a single target object;
(iv)
Each explosive submunition is equipped with an electronic
self-destruction mechanism;
(v)
Each explosive submunition is equipped with an electronic
25
self-deactivating feature.

Article 2.3. “Explosive submunition” means a conventional munition that in
order to perform its task is dispersed or released by a cluster munition and
is designed to function by detonating an explosive charge prior to, on or
after impact.
30

Article 2.5. “Unexploded submunition” means an explosive submunition
that has been dispersed or released by, or otherwise separated from, a
cluster munition and has failed to explode as intended.

Article 2.9. “Self-destruction mechanism” means an incorporated
automatically-functioning mechanism which is in addition to the primary
35
initiating mechanism of the munition and which secures the destruction of
the munition into which it is incorporated.

Cluster Munitions (Prohibitions) Bill [HL]
Schedule 1 — Definitions of cluster munition, explosive bomblet etc.
23


Article 2.10. “Self-deactivating” means automatically rendering a munition
inoperable by means of the irreversible exhaustion of a component, for
example a battery, that is essential to the operation of the munition.
Definition of explosive bomblet

Article 2.13. “Explosive bomblet” means a conventional munition, weighing
5
less than 20 kilograms, which is not self-propelled and which, in order to
perform its task, is dispersed or released by a dispenser, and is designed to
function by detonating an explosive charge prior to, on or after impact.
Definition of dispenser

Article 2.14. “Dispenser” means a container that is designed to disperse or
10
release explosive bomblets and which is affixed to an aircraft at the time of
dispersal or release.
Definition of mine

Article 2.12. “Mine” means a munition designed to be placed under, on or
near the ground or other surface area and to be exploded by the presence,
15
proximity or contact of a person or a vehicle.
Definition of cluster munition remnants and related terms

Article 2.7. “Cluster munition remnants” means failed cluster munitions,
abandoned cluster munitions, unexploded submunitions and unexploded
bomblets.
20

Article 2.4. “Failed cluster munition” means a cluster munition that has been
fired, dropped, launched, projected or otherwise delivered and which
should have dispersed or released its explosive submunitions but failed to
do so.

Article 2.5. “Unexploded submunition” means an explosive submunition
25
that has been dispersed or released by, or otherwise separated from, a
cluster munition and has failed to explode as intended.

Article 2.6. “Abandoned cluster munitions” means cluster munitions or
explosive submunitions that have not been used and that have been left
behind or dumped, and that are no longer under the control of the party that
30
left them behind or dumped them. They may or may not have been prepared
for use.

Article 2.15. “Unexploded bomblet” means an explosive bomblet that has
been dispersed, released or otherwise separated from a dispenser and has
failed to explode as intended.
35

Cluster Munitions (Prohibitions) Bill [HL]
Schedule 2 — Offences to which section 9 applies
24

Schedule 2
Section 9(1) and (6)

Offences to which section 9 applies
Specified offences
1
An offence under section 2(1)(e) or (g).
2
An offence under subsection (2) of section 2 of assisting, encouraging or
5
inducing another person to engage in any conduct mentioned in paragraphs
(a) or (e) to (g) of subsection (1) of that section.
3
An offence under Part 2 of the Serious Crime Act 2007 in relation to—
(a)
an offence under section 2(1)(a) or (f), or
(b)
an offence specified in this Schedule.
10
4
An offence committed by inciting the commission of—
(a)
an offence under section 2(1)(a) or (f), or
(b)
an offence specified in this Schedule.
5
An offence committed by aiding, abetting, counselling or procuring the
commission of—
15
(a)
an offence under section 2(1)(a) or (f), or
(b)
an offence specified in this Schedule.
6
An offence of attempting to commit or conspiring to commit an offence
specified in this Schedule.
Application of defence under section 9(1): offences relating to use or transfer
20
7     (1)
This paragraph applies where a person is charged with—
(a)
an offence under section 2(1)(g) (making arrangements under which
another person transfers a prohibited munition),
(b)
an offence specified in any of paragraphs 2 to 5 where the conduct
constituting the offence relates to the use or transfer of a prohibited
25
munition, or
(c)
an offence specified in paragraph 6 where the conduct constituting
the offence consists of attempting or conspiring to commit an offence
mentioned in paragraph (a) or (b).
      (2)
The defence under section 9(1) applies in relation to the offence only if the
30
person also shows that—
(a)
the use or transfer was (or was to be) only by members of the armed
forces of a State that was not a party to the Convention or by other
persons acting under the authority of such a State, or
(b)
the person had reasonable cause to believe that the use or transfer
35
was (or was to be) only as mentioned in paragraph (a).
Application of defence under section 9(1): offences relating to conduct by visiting forces etc.
8     (1)
The defence under section 9(1) does not apply where a person is charged
with an offence under section 2(1)(e) if it is proved that, at the time of the
conduct constituting the offence, the person was a member of a visiting force
40
of a State that was not a party to the Convention or was working with such
a force.

Cluster Munitions (Prohibitions) Bill [HL]
Schedule 3 — Amendments of other Acts
25

      (2)
The defence under section 9(1) does not apply where a person is charged
with an offence under section 2(1)(g) if it is proved that—
(a)
at the time of the conduct constituting the offence, the person was a
member of a visiting force of a State that was not a party to the
Convention or was working with such a force, and
5
(b)
the conduct consisted of the person making arrangements under
which a member of such a visiting force moves a prohibited
munition into or from the United Kingdom or enters into a contract
to move a prohibited munition into or from the United Kingdom.
      (3)
The defence under section 9(1) does not apply where a person is charged
10
with an offence specified in paragraphs 2 to 6 if it is proved that—
(a)
at the time of the conduct constituting the offence, the person was a
member of a visiting force of a State that was not a party to the
Convention or was working with such a force, and
(b)
the conduct was related to anything to which sub-paragraph (4)
15
applies.
      (4)
This sub-paragraph applies to—
(a)
the possession of a prohibited munition by a member of a visiting
force of a State that was not a party to the Convention or a person
working with such a force,
20
(b)
the movement of a prohibited munition into or from the United
Kingdom by a member of such a visiting force,
(c)
the entering into a contract by a member of such a visiting force to
move a prohibited munition into or from the United Kingdom,
(d)
the making of arrangements by a member of such a visiting force or
25
a person working with such a force under which a member of such a
force—
(i)
moves a prohibited munition into or from the United
Kingdom, or
(ii)
enters into a contract to move a prohibited munition into or
30
from the United Kingdom.
      (5)
In this paragraph “member of a visiting force” and “person working with
such a force” are to be construed in accordance with section 8.
Schedule 3
Section 31

Amendments of other Acts
35
Criminal Justice and Police Act 2001 (c. 16)
1
In Schedule 1 to the Criminal Justice and Police Act 2001 (powers of seizure),
at the end of Part 1 (powers to which section 50 applies) insert—
“Cluster Munitions (Prohibitions) Act 2010
73L
Each of the powers of seizure conferred by the provisions of
40
section 22(2)(c), (e), (f) and (g) of the Cluster Munitions
(Prohibitions) Act 2010 (seizure of evidence of offences under that
Act).”

Cluster Munitions (Prohibitions) Bill [HL]
Schedule 3 — Amendments of other Acts
26

Serious Crime Act 2007 (c. 27)
2
In Schedule 3 to the Serious Crime Act 2007 (listed offences that are to be
disregarded), at the end of Part 1 (offences common to England and Wales
and Northern Ireland) insert—
“Cluster Munitions (Prohibitions) Act 2010
5
24A
An offence under section 2(2) of the Cluster Munitions
(Prohibitions) Act 2010 (assisting, encouraging or inducing
another to engage in conduct mentioned in section 2(1) of that
Act).”