C1C2Part 2Encouraging or assisting crime

Annotations:
Modifications etc. (not altering text)
C1

Pt. 2 restricted by 2007 c. 19, s. 18(1A) (as inserted (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 62, 94(1) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a))

C2

Pt. 2 applied (with modifications) by 2003 c. 42, Sch. 4 para. 6(3) (as inserted (26.4.2013) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 3(5), 15(1))

F2Defences

Annotations:
Amendments (Textual)

I1C150C1Defence of acting reasonably

1

A person is not guilty of an offence under this Part if he proves—

a

that he knew certain circumstances existed; and

b

that it was reasonable for him to act as he did in those circumstances.

2

A person is not guilty of an offence under this Part if he proves—

a

that he believed certain circumstances to exist;

b

that his belief was reasonable; and

c

that it was reasonable for him to act as he did in the circumstances as he believed them to be.

3

Factors to be considered in determining whether it was reasonable for a person to act as he did include—

a

the seriousness of the anticipated offence (or, in the case of an offence under section 46, the offences specified in the indictment);

b

any purpose for which he claims to have been acting;

c

any authority by which he claims to have been acting.

50AF1Extra-territorial offences: defence for intelligence services and armed forces

1

This section applies where a person is charged with an offence under this Part by reason of a provision of Schedule 4 (extra-territorial jurisdiction).

2

It is a defence for the person to show that their act was necessary for—

a

the proper exercise of a function of an intelligence service, or

b

the proper exercise of a function of the armed forces relating to intelligence.

3

A person is taken to have shown that their act was so necessary if—

a

sufficient evidence of that fact is adduced to raise an issue with respect to it, and

b

the contrary is not proved beyond reasonable doubt.

4

The head of each intelligence service must ensure that the service has in place arrangements designed to ensure that acts of a member of the service to which a provision of Schedule 4 applies are necessary for the proper exercise of a function of the service.

5

The Defence Council must ensure that the armed forces have in place arrangements designed to ensure that acts of—

a

a member of the armed forces, or

b

a civilian subject to service discipline when working in support of a member of the armed forces,

to which a provision of Schedule 4 applies are necessary for the proper exercise of a function of the armed forces relating to intelligence.

6

The arrangements which must be in place by virtue of subsection (4) or (5) must be arrangements which the Secretary of State considers to be satisfactory.

7

In this section—

  • “armed forces” means His Majesty’s forces (within the meaning of the Armed Forces Act 2006);

  • “civilian subject to service discipline” has the same meaning as in the Armed Forces Act 2006;

  • “GCHQ” has the meaning given by section 3(3) of the Intelligence Services Act 1994;

  • “head” means—

    1. a

      in relation to the Security Service, the Director General of the Security Service,

    2. b

      in relation to the Secret Intelligence Service, the Chief of the Secret Intelligence Service, and

    3. c

      in relation to GCHQ, the Director of GCHQ;

  • “intelligence service” means the Security Service, the Secret Intelligence Service or GCHQ.