Commentary on Sections Section 18: Offences relating to destruction etc
107.This section creates offences related to interference with the procedures on investigations into alleged possession; powers of entry to search for prohibited munitions; and removal, immobilisation and destruction of prohibited munitions. The intended effect is to ensure the procedures contained in sections 11 to 16 are not thwarted or obstructed.
108.Subsection (1) makes it an offence for a person to relinquish possession of a prohibited munition without reasonable excuse, once the Secretary of State has served a notice under section 11 requiring it to be kept.
109.Under paragraphs (a) to (e) of subsection (2) it would be an offence to wilfully obstruct any person authorised under sections 12 (power to enter and search), 13 (power to remove or immobilise), 14 (power to destroy removed munitions) or 16 (power to enter and destroy immobilised munitions) from exercising the powers conferred on them. Subsection (2)(f) has the effect of making any attempt to obstruct an offence.
110.Subsection (3) makes it an offence without reasonable excuse, where a warning notice has been affixed under section 13(4)(b), to move or interfere with the prohibited munition, or to interfere with the warning notice.
111.Subsection (4) provides that the offences under subsections (1) to (3) may be prosecuted either summarily or on indictment. This subsection also lays down what the penalties would be: on summary conviction the penalty is a fine not to exceed the statutory maximum (£5,000); and on conviction on indictment, the penalty is a fine with no limit stipulated.
112.Subsection (5) makes it an offence knowingly to make a false or misleading statement in response to a notice served under section 11, 14 or 15. The offence may be prosecuted either summarily or on indictment. This subsection also lays down what the penalties would be: on summary conviction a fine not exceeding the statutory maximum (£5,000) and on conviction on indictment the penalty may be imprisonment not exceeding two years or an unlimited fine, or both. The penalty is higher for making a false statement than for obstruction because, whilst obstruction may impose a delay, the making of a false statement may frustrate the whole process and prevent a potentially dangerous prohibited munition from being dealt with.