Chemical weapons
C12 Use etc. of chemical weapons.
1
No person shall—
a
use a chemical weapon;
b
develop or produce a chemical weapon;
c
have a chemical weapon in his possession;
d
participate in the transfer of a chemical weapon;
e
engage in military preparations, or in preparations of a military nature, intending to use a chemical weapon.
2
For the purposes of subsection (1)(a) an object is not a chemical weapon if the person uses the object only for permitted purposes; and in deciding whether permitted purposes are intended the types and quantities of objects shall be taken into account.
3
For the purposes of subsection (1)(b), (c), (d) or (e) an object is not a chemical weapon if the person does the act there mentioned with the intention that the object will be used only for permitted purposes; and in deciding whether permitted purposes are intended the types and quantities of objects shall be taken into account.
4
For the purposes of subsection (1)(d) a person participates in the transfer of an object if—
a
he acquires or disposes of the object or enters into a contract to acquire or dispose of it, or
b
he makes arrangements under which another person acquires or disposes of the object or another person enters into a contract to acquire or dispose of it.
5
For the purposes of subsection (4)—
a
to acquire an object is to buy it, hire it, borrow it or accept it as a gift;
b
to dispose of an object is to sell it, let it on hire, lend it or give it.
6
In proceedings for an offence under subsection (1)(a), (c) or (d) relating to an object it is a defence for the accused to prove—
a
that he neither knew nor suspected nor had reason to suspect that the object was a chemical weapon, or
b
that he knew or suspected it to be a chemical weapon and as soon as reasonably practicable after he first so knew or suspected he took all reasonable steps to inform the Secretary of State or a constable of his knowledge or suspicion.
7
Nothing in subsection (6) prejudices any defence which it is open to a person charged with an offence under this section to raise apart from that subsection.
8
A person contravening this section is guilty of an offence and liable on conviction on indictment to imprisonment for life.