Moved by
Lord Marks of Henley-on-Thames
75: After Clause 36, insert the following new Clause—
“Public interest defence
(1) A person subject to proceedings for any offence under sections 1 to 5 of this Act may raise as a defence that the person reasonably believed the conduct alleged to constitute the offence was carried out in the public interest.
(2) Where a defence under subsection (1) is raised, it is for the prosecution to prove beyond reasonable doubt that the conduct alleged was not in the public interest.
(3) In determining whether such conduct was in the public interest the court must have regard to—
(a) the nature of the alleged conduct;
(b) the harm caused by the alleged conduct;
(c) whether the manner in which the person engaged in the alleged conduct was in the public interest;
(d) whether the person engaged in the alleged conduct in good faith;
(e) whether the person engaged in the alleged conduct for personal gain;
(f) the availability of any other effective authorised procedures for achieving the purpose of the alleged conduct and whether those procedures were exercised;
(g) any other relevant feature of the alleged conduct.”
Member's explanatory statement
This amendment provides for a public interest defence to the offences under Clauses 1 to 5 of the Bill.