Decommissioning Act, 1997

Prohibition of certain proceedings.

5.—(1) Proceedings shall not be instituted against a person for an offence in relation to any particular arms if—

(a) at the time of its commission, the person was engaged in the process of the decommissioning of those arms in accordance with regulations or arrangements,

(b) the requirements of the regulations or arrangements were satisfied as respects the person and the decommissioning,

(c) the decommissioning was taking or took place at a time or during a period standing specified in the regulations, and

(d) the act constituting the offence or an act that is an ingredient of the offence was a part of the process of the decommissioning and was done in pursuance of the regulations or arrangements.

(2) Without prejudice to the generality of subsection (1), regulations may specify offences to which it applies.

(3) Regulations may provide that subsection (1), in so far as it relates to any particular method or manner of decommissioning of arms, shall apply only to specified offences.

(4) Where arms have been decommissioned in accordance with regulations or arrangements, subsection (1) shall not apply to proceedings for an offence alleged to have been committed, after the decommissioning, by the use of, or in relation to, those arms.