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.