Textual Amendments
F1Sch. 1 inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 71(2), 88(4) (with s. 86(15))
3(1) This paragraph applies where a person (“ the defendant ”) is charged with an offence under paragraph 2 as a result of the inclusion of any matter in a publication. E+W+N.I.
(2)It is a defence for the defendant to prove that at the time of the alleged offence, the defendant was not aware, and did not suspect or have reason to suspect, that—
(a)the publication included the matter in question, or
(b)the allegation in question had been made.
(3)It is a defence for the defendant to prove that the publication in which the matter appeared was one in respect of which the victim had given written consent to the appearance of matter of that description.
(4)The defence in sub-paragraph (3) is not available if—
(a)the victim was under the age of 16 at the time when her consent was given, or
(b)a person interfered unreasonably with the peace and comfort of the victim with a view to obtaining her consent.
(5) In this paragraph “ the victim ” means the person against whom the female genital mutilation offence in question is alleged to have been committed. ]