Commentary on Sections Section 2: Offences
13.Section 2 creates the criminal offences which are central to this Act. The offences apply to breaches of the prohibitions set out in Article 1(1) of the Convention. These criminal offences are the penal sanctions required by Article 9 of the Convention set out in paragraph 4 above.
14.Subsection (1) makes it an offence for a person to use, develop or produce, acquire, possess or transfer prohibited munitions. It also makes it an offence to make arrangements under which another person either acquires or transfers a prohibited munition.
15.Subsection (2) makes it an offence for a person to assist, encourage or induce another to engage in any conduct mentioned in subsection (1).
16.Subsection (3) provides that an offence under this section will be punishable on conviction on indictment with imprisonment for up to fourteen years or an unlimited fine, or both.