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))

F1Defences

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.