Part 5Marine protection and enhancement: the Scottish marine protection area
Offences
98Prohibited 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.