Commentary on Sections Section 7: Defences relating to state of mind of defendant etc
40.Subsection (1) provides that it is a defence for a person, when charged with an offence of using, acquiring, making arrangements for another to acquire, possessing, transferring or making arrangements for another to transfer a prohibited munition, to show that he did not know nor suspect, nor have reason to suspect, that the object in question was a prohibited munition.
41.Subsection (2) provides a defence to a charge of possession under section 2(1)(e), if the defendant can show that he took all reasonable steps, as soon as reasonably practicable, after he first had knowledge or suspicion that the object was a prohibited munition to inform the Secretary of State or a constable or a member of the service police force (as defined in subsection (5)).
42.It is a defence under subsection (3) to a charge of possession of a prohibited munition if the defendant can show that he had no knowledge or suspicion, nor any reason for suspicion, that the object was a prohibited munition, until he became aware that the Secretary of State was exercising in relation to the prohibited munition a power conferred on him by the Act.
43.Under subsection (4) where a person has been charged with an offence under section 2(2) of the Act, it is a defence if he can show that he had no knowledge or suspicion, nor reason to suspect, that the conduct he was encouraging, assisting or inducing related, or might relate, to a prohibited munition.