Marine (Scotland) Act 2010

98 Prohibited act taken in an emergency

(1) It is a defence for a person charged with an offence under section 94, 95 or 96 to prove that—

(a) the act alleged to constitute the offence was carried out for the purpose of any of the following—

(i) saving life,

(ii) securing the safety of a vessel, aircraft or marine installation, 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 act 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 act 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 act was due to the fault of the accused or a person acting under the accused’s direction or control.