OpenLegislation

Section 1A Increase in penalties for offences committed in relation to nuclear material etc.F1C1

(1)

If—

(a)

a person is guilty of an offence to which subsection (2), (3) or (4) applies, and

(b)

the penalty provided by this subsection would not otherwise apply,

the person shall be liable, on conviction on indictment, to imprisonment for life.

(2)

This subsection applies to an offence mentioned in section 1(1)(a) or (b) where the act making the person guilty of the offence was done in England and Wales or Northern Ireland and either—

(a)

the act was done in relation to or by means of nuclear material, or

(b)

the act—

(i)

was directed at a nuclear facility, or interfered with the operation of such a facility, and

(ii)

caused death, injury or damage resulting from the emission of ionising radiation or the release of radioactive material.

(3)

This subsection applies to an offence mentioned in section 1(1)(c) or (d) where the act making the person guilty of the offence—

(a)

was done in England and Wales or Northern Ireland, and

(b)

was done in relation to or by means of nuclear material.

(4)

This subsection applies to an offence mentioned in section 1(1)(a) to (d) where the offence is an offence in England and Wales or Northern Ireland by virtue of section 1(1) or (1A).

Annotations

Textual amendments

F1

Ss. 1A-1D inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 17 para. 3; S.I. 2009/3074, art. 2(q)

Modifications

C1

Ss. 1-4 extended (Isle of Man) (with modifications) (10.12.2009) by The Nuclear Material (Offences) Act 1983 (Isle of Man) Order 2009 (S.I. 2009/3203), arts. 1, 3, Sch.