Human Rights assessment Commentary on sections Section 78: Professional staff on duty
111.If a fisherman is charged with an offence under section 78(2) or 78(3), section 78(5) makes it a defence for him to show that he took the drug for medicinal purposes, in accordance with medical advice or where he had no reason to expect it would affect him adversely. The equivalent provision was contained in section 117(2) of the Merchant Shipping Act 1995, which section is now repealed.