C1Part 4Marine licensing

Annotations:
Modifications etc. (not altering text)

Offences

I140Defences: action taken in an emergency

1

It is a defence for a person charged with an offence under section 39(1) in relation to any activity to prove that—

a

the activity was carried out for the purpose of saving life, or for the purpose of securing the safety of a vessel, aircraft or marine structure, and

b

the person took steps within a reasonable time to inform the Scottish Ministers of the matters set out in subsection (2).

2

The matters are—

a

the fact that the activity was carried out,

b

the locality and circumstances in which it was carried out, and

c

any substances or objects concerned.

3

The defence provided by subsection (1) is not available to a person where—

a

the court is not satisfied that the activity either—

i

was necessary for any of the purposes mentioned in subsection (1)(a), or

ii

was a reasonable step to take in the circumstances, or

b

the necessity for the activity was due to the fault of the accused or a person acting under the accused's direction or control.