sec.28Defences to discharge offence

### sec.28 Defences to discharge offence Each of the following is a defence to a prosecution for a discharge offence— the discharge was necessary for the purpose of securing the safety of a ship or saving life at sea; the discharge resulted from damage, other than intentional damage, to the ship or its equipment and all reasonable precautions were taken after the damage happened or the discharge was discovered to prevent or minimise the discharge of the oil; for an oily mixture—the discharge was made to combat specific pollution incidents to minimise the damage from pollution and was approved by an authorised officer; the discharge was authorised by an authorised officer for training purposes. For subsection (1) (b) , damage to a ship or its equipment is intentional damage only if the damage arose in circumstances in which the ship’s owner or master or, for a discharge offence against section 26 (1) , another member of the ship’s crew— acted with intent to cause damage; or acted recklessly and with knowledge that damage would probably result. s 28 amd 2001 No. 79 s 46 ; 2010 No. 13 s 88 sch (sec.28-ssec.1) Each of the following is a defence to a prosecution for a discharge offence— the discharge was necessary for the purpose of securing the safety of a ship or saving life at sea; the discharge resulted from damage, other than intentional damage, to the ship or its equipment and all reasonable precautions were taken after the damage happened or the discharge was discovered to prevent or minimise the discharge of the oil; for an oily mixture—the discharge was made to combat specific pollution incidents to minimise the damage from pollution and was approved by an authorised officer; the discharge was authorised by an authorised officer for training purposes. (sec.28-ssec.2) For subsection (1) (b) , damage to a ship or its equipment is intentional damage only if the damage arose in circumstances in which the ship’s owner or master or, for a discharge offence against section 26 (1) , another member of the ship’s crew— acted with intent to cause damage; or acted recklessly and with knowledge that damage would probably result. - (a) the discharge was necessary for the purpose of securing the safety of a ship or saving life at sea; - (b) the discharge resulted from damage, other than intentional damage, to the ship or its equipment and all reasonable precautions were taken after the damage happened or the discharge was discovered to prevent or minimise the discharge of the oil; - (c) for an oily mixture—the discharge was made to combat specific pollution incidents to minimise the damage from pollution and was approved by an authorised officer; - (d) the discharge was authorised by an authorised officer for training purposes. - (a) acted with intent to cause damage; or - (b) acted recklessly and with knowledge that damage would probably result.