Biological Weapons Act 1974
| Year | 1974 |
Biological Weapons Act 1974
1974 CHAPTER 6
An Act to prohibit the development, production, acquisition and possession of certain biological agents and toxins and of biological weapons.
[8th February 1974]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Restriction on development etc. of certain biological agents and toxins and of biological weapons.
(1) No person shall develop, produce, stockpile, acquire or retain—
(a ) any biological agent or toxin of a type and in a quantity that has no justification for prophylactic, protective or other peaceful purposes; or
(b ) any weapon, equipment or means of delivery designed to use biological agents or toxins for hostile purposes or in armed conflict.
(2) In this section—
‘biological agent’ means any microbial or other biological agent; and
‘toxin’ means any toxin, whatever its origin or method of production.
(3) Any person contravening this section shall be guilty of an offence and shall, on conviction on indictment, be liable to imprisonment for life.
2 Prosecution of offences.
(1) Proceedings for an offence under section 1 above shall not be instituted—
(a ) in England or Wales, except by or with the consent of the Attorney General; or
(b ) in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland.
(2) At the end of section 40(1) of the County Courts Act (Northern Ireland) 1959 as amended by section 8 of the Criminal Law Act (Northern Ireland) 1967 (original jurisdiction of county courts in Northern Ireland) the following paragraph shall be added:—
‘(i ) any offence under section 1 of the Biological Weapons Act 1974 and any attempt, conspiracy or incitement to commit such an offence.’.
(3) Subsection (1) above shall not prevent the issue or execution of a warrant for the arrest of any person in respect of an offence, or the remanding in custody or on bail of any person charged with an offence.
3 Offences by bodies corporate.
3. Where an offence under section 1 of this Act which is committed by a body corporate is proved to have been committed with the consent and connivance of, or to be attributable to any negligence on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
4 Powers to search and obtain evidence.
(1) If a justice of...
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