{
  "url": "https://openlegislation.uk/terrorism-act-2000/section-77",
  "json_url": "https://openlegislation.uk/terrorism-act-2000/section-77.json",
  "legislation": "ukpga/2000/11",
  "legislation_title": "Terrorism Act 2000",
  "legislation_url": "https://openlegislation.uk/terrorism-act-2000",
  "path": "section/77",
  "kind": "section",
  "number": "77",
  "heading": "Possession: onus of proof.",
  "text": "(1) This section applies to a trial on indictment for a scheduled offence where the accused is charged with possessing an article in such circumstances as to constitute an offence under any of the enactments listed in subsection (3).\n(2) If it is proved that the article—\n(a) was on any premises at the same time as the accused, or\n(b) was on premises of which the accused was the occupier or which he habitually used otherwise than as a member of the public,\nthe court may assume that the accused possessed (and, if relevant, knowingly possessed) the article, unless he proves that he did not know of its presence on the premises or that he had no control over it.\n(3) The following are the offences mentioned in subsection (1)—\nThe Explosive Substances Act 1883\nSection 3, so far as relating to subsection (1)(b) thereof (possessing explosive with intent to endanger life or cause serious damage to property).\nSection 4 (possessing explosive in suspicious circumstances).\nThe Protection of the Person and Property Act (Northern Ireland) 1969\nSection 2 (possessing petrol bomb, &c. in suspicious circumstances).\nThe Firearms (Northern Ireland) Order 2004\nArticle 45(1)(manufacturing, dealing in or possessing certain weapons, etc.).\nArticle 58(1)(possessing firearm or ammunition with intent to endanger life or cause serious damage to property).\nArticle 59(2)(possessing firearm or imitation firearm at time of committing, or being arrested for, a specified offence).\nArticle 63(1), (2) or (4)(possession of a firearm or ammunition by a person who has been sentenced to imprisonment, &c.).\nArticle 64 (possessing firearm or ammunition in suspicious circumstances).",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Entry in s. 77(3) substituted (1.2.2005) by The Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3)), art. 82(1), Sch. 7 para. 23; S.R. 2005/4, art. 3"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "1883 c. 3."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "1969 c. 29 (N.I.)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2000/11/section/77",
    "retrieved_at": "2026-10-28T17:11:32.802855+00:00",
    "licence": "OGL-UK-3.0",
    "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
    "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
  }
}