Page:Nuclear Material (Offences) Act 1983.pdf/3

2c. 18 he shall in any part of the United Kingdom be guilty of such of the offences mentioned in paragraphs (a) to (d) above as are offences of which the act would have made him guilty had he done it in that part of the United Kingdom.

(2) In this section and in section 2 below, “act” includes omission.

2.—(1) If a person, whatever his nationality, in the United Kingdom or elsewhere contravenes subsection (2), (3) or (4) below he shall be guilty of an offence.

(2) A person contravenes this subsection if he receives, holds or deals with nuclear material—
 * (a) intending, or for the purpose of enabling another, to do by means of that material an act which is an offence mentioned in paragraph (a) or (b) of subsection (1) of section 1 above; or
 * (b) being reckless as to whether another would so do such an act.

(3) A person contravenes this subsection if he
 * (a) makes to another person a threat that he or any other person will do by means of nuclear material such an act as is mentioned in paragraph (a) of subsection (2) above; and
 * (b) intends that the person to whom the threat is made shall fear that it will be carried out.

(4) A person contravenes this subsection if, in order to compel a State, international governmental organisation or person to do, or abstain from doing, any act, he threatens that he or any other person will obtain nuclear material by an act which is an offence mentioned in paragraph (c) of subsection (1) of section 1 above.

(5) A person guilty of an offence under this section shall be liable on conviction on indictment to imprisonment for a term not exceeding fourteen years and not exceeding the term of imprisonment to which a person would be liable for the offence constituted by doing the contemplated act at the place where the conviction occurs and at the time of the offence to which the conviction relates.

(6) In subsection (5) above “contemplated act” means,
 * (a) where the conviction relates to an offence under sub- section (2) above, the act intended or as to the doing of which the person convicted was reckless, as the case may be; and
 * (b) where the conviction relates to an offence under subsection (3) or (4) above, the act threatened.