Criminal Justice and Immigration Act 2008

Valid from 30/11/2009

3 E+W After section 1 insert—

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

(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).

1B Offences relating to damage to environment

(1) If a person, whatever his nationality, in the United Kingdom or elsewhere contravenes subsection (2) or (3) he is guilty of an offence.

(2) A person contravenes this subsection if without lawful authority—

(a) he receives, holds or deals with nuclear material, and

(b) he does so either—

(i) intending to cause, or for the purpose of enabling another to cause, damage to the environment by means of that material, or

(ii) being reckless as to whether, as a result of his so receiving, holding or dealing with that material, damage would be caused to the environment by means of that material.

(3) A person contravenes this subsection if without lawful authority—

(a) he does an act directed at a nuclear facility, or which interferes with the operation of such a facility, and

(b) he does so either—

(i) intending to cause, or for the purpose of enabling another to cause, damage to the environment by means of the emission of ionising radiation or the release of radioactive material, or

(ii) being reckless as to whether, as a result of his act, damage would be caused to the environment by means of such an emission or release.

(4) A person guilty of an offence under this section shall be liable, on conviction on indictment, to imprisonment for life.

1C Offences of importing or exporting etc. nuclear material: extended jurisdiction

(1) If a person, whatever his nationality, outside the United Kingdom contravenes subsection (2) below he shall be guilty of an offence.

(2) A person contravenes this subsection if he is knowingly concerned in—

(a) the unlawful export or shipment as stores of nuclear material from one country to another, or

(b) the unlawful import of nuclear material into one country from another.

(3) For the purposes of subsection (2)—

(a) the export or shipment as stores of nuclear material from a country, or

(b) the import of nuclear material into a country,

is unlawful if it is contrary to any prohibition or restriction on the export, shipment as stores or import (as the case may be) of nuclear material having effect under or by virtue of the law of that country.

(4) A statement in a certificate issued by or on behalf of the government of a country outside the United Kingdom to the effect that a particular export, shipment as stores or import of nuclear material is contrary to such a prohibition or restriction having effect under or by virtue of the law of that country, shall be evidence (in Scotland, sufficient evidence) that the export, shipment or import was unlawful for the purposes of subsection (2).

(5) In any proceedings a document purporting to be a certificate of the kind mentioned in subsection (4) above shall be taken to be such a certificate unless the contrary is proved.

(6) A person guilty of an offence under this section shall be liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.

(7) In this section “country” includes territory.

1D Offences under section 1C: investigations and proceedings etc.

(1) Where the Commissioners for Her Majesty's Revenue and Customs investigate, or propose to investigate, any matter with a view to determining—

(a) whether there are grounds for believing that an offence under section 1C above has been committed, or

(b) whether a person should be prosecuted for such an offence,

the matter is to be treated as an assigned matter within the meaning of CEMA 1979 (see section 1(1) of that Act).

(2) Section 138 of CEMA 1979 (provisions as to arrest of persons) applies to a person who has committed, or whom there are reasonable grounds to suspect of having committed, an offence under section 1C above as it applies to a person who has committed, or whom there are reasonable grounds to suspect of having committed, an offence for which he is liable to be arrested under the customs and excise Acts.

(3) Sections 145 to 148 and 150 to 155 of CEMA 1979 (provisions as to legal proceedings) apply in relation to an offence under section 1C above, and to the penalty and proceedings for the offence, as they apply in relation to offences, penalties and proceedings under the customs and excise Acts.

(4) In this section—

• “CEMA 1979” means the Customs and Excise Management Act 1979;

• “the customs and excise Acts”, “shipment” and “stores” have the same meanings as in CEMA 1979 (see section 1(1) of that Act).”