C1C2Part 2Encouraging or assisting crime
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
S. 50 cross-heading substituted (20.12.2023) by National Security Act 2023 (c. 32), ss. 30(3), 100(1) (with s. 97); S.I. 2023/1272, reg. 2(a)
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
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—
- a
in relation to the Security Service, the Director General of the Security Service,
- b
in relation to the Secret Intelligence Service, the Chief of the Secret Intelligence Service, and
- c
in relation to GCHQ, the Director of GCHQ;
- a
“intelligence service” means the Security Service, the Secret Intelligence Service or GCHQ.
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))