Overview

The Cluster Munitions (Prohibitions) Act 2010 is a UK law that implements the Convention on Cluster Munitions, making it illegal to use, produce, acquire, possess, or transfer cluster munitions within the UK and, in certain circumstances, internationally.

Description

This Act criminalizes the use, development, production, acquisition, possession, and transfer of cluster munitions and specific explosive bomblets. It defines "prohibited munitions" and outlines strict penalties (up to 14 years imprisonment or a fine, or both) for violations. The Act extends its reach beyond UK borders, applying to UK nationals and entities operating internationally. Several key defences are included, such as possessing munitions for destruction, having authorization from the Secretary of State for permitted purposes (such as training in detection and clearance), or lacking knowledge that an object was a prohibited munition. The Act also grants the Secretary of State extensive powers to search for, seize, and destroy such munitions, subject to due process and compensation provisions for affected individuals.

Key Aspects:

• Prohibited Munitions: Clearly defines what constitutes a prohibited munition (cluster munitions and certain explosive bomblets).
• Penalties: Sets out significant penalties for those found guilty of offences.
• Extraterritorial Application: Applies to UK nationals and entities, even outside the UK, under specified conditions.
• Defences: Provides several key legal defences against accusations of breaking the law.
• Government Powers: Grants the Secretary of State powers to search, seize, and destroy prohibited munitions, with provisions for compensation and due process.

Government Spending

The Act does not specify any direct figures on government spending. However, it is expected that resources will be required for enforcement, including investigative work, searches, seizures, and the destruction of munitions. Costs associated with compensation claims may also arise.

Groups Affected

• Military personnel: Potentially affected by restrictions on the use and handling of cluster munitions, particularly in international operations.
• Arms manufacturers and dealers: Subject to significant legal restrictions on the production, acquisition, and transfer of prohibited munitions.
• Landowners and occupiers: May be affected by the Secretary of State's power to enter and search premises for munitions, and potentially face costs associated with the removal and/or destruction of munitions found on their land.
• Individuals in possession of prohibited munitions: Face penalties unless they can establish one of the defences outlined in the Act.
• Law enforcement agencies: Responsible for enforcing the Act and may need increased resources.

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