Making or possessing explosives with intent

s.3Explosive Substances Act 1883

Unlawfully and maliciously making, possessing or controlling an explosive substance intending to endanger life or cause serious injury to property, or to enable someone else to do so.

Making or possessing explosives with intent · Explosive Substances Act 1883, s.3Card 87 / 195

Points to prove

Unlawfully and maliciously
s.3(1)(b)Made, or had in their possession or under their control
An explosive substance
With intent by means of it to endanger life or cause serious injury to property (in the UK or elsewhere), or to enable any other person to do so

Key definitions

Explosive substance – s.9(1): includes any materials for making an explosive substance, and any apparatus, machine, implement or materials used, intended to be used or adapted for causing or aiding an explosion, and any part of such apparatus. Components of a bomb can be enough.
Possession or control – the substance need not be on the person. Keeping it at home, in a vehicle or in a lock-up is covered.
Intent – a specific intent to endanger life or cause serious injury to property, or to enable another to do so. No explosion or injury needs to happen.

Good to know

s.3(1)(a): doing any act with intent to cause, or conspiring to cause, an explosion likely to endanger life or cause serious injury to property is an offence under the same section, with the same penalty.
Consent required: proceedings under the Act need the consent of the Attorney General (s.7(1)).
Related offences: s.2 causing an explosion likely to endanger life or cause serious injury to property (life), and s.4 making or possessing an explosive substance in suspicious circumstances, where the defendant must show a lawful object (life).
Where there is a terrorist connection, the offence is often charged alongside, or instead of, offences under the Terrorism Acts.

Legislation: Explosive Substances Act 1883, s.3 (opens legislation.gov.uk in a new tab)
Mode of trial: Indictable only
Maximum penalty: Life imprisonment (and the explosive substance is forfeited)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Making or possessing explosives with intent: questions people ask

What are the points to prove for making or possessing explosives with intent?

1. Unlawfully and maliciously 2. Made, or had in their possession or under their control 3. An explosive substance 4. With intent by means of it to endanger life or cause serious injury to property (in the UK or elsewhere), or to enable any other person to do so

What is the maximum sentence for making or possessing explosives with intent?

Life imprisonment (and the explosive substance is forfeited)

Is making or possessing explosives with intent a summary, either-way or indictable offence?

Making or possessing explosives with intent is indictable only: it can only be tried in the Crown Court.

What Act and section is making or possessing explosives with intent?

Making or possessing explosives with intent is an offence under the Explosive Substances Act 1883, s.3.

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