Paragraph 8

(1)

The defence under section 9(1) does not apply where a person is charged with an offence under section 2(1)(e) if it is proved that, at the time of the conduct constituting the offence, the person was a member of a visiting force of a State that was not a party to the Convention or was working with such a force.

(2)

The defence under section 9(1) does not apply where a person is charged with an offence under section 2(1)(g) if it is proved that—

(a)

at the time of the conduct constituting the offence, the person was a member of a visiting force of a State that was not a party to the Convention or was working with such a force, and

(b)

the conduct consisted of the person making arrangements under which a member of such a visiting force moves a prohibited munition into or from the United Kingdom or enters into a contract to move a prohibited munition into or from the United Kingdom.

(3)

The defence under section 9(1) does not apply where a person is charged with an offence specified in paragraphs 2 to 6 if it is proved that—

(a)

at the time of the conduct constituting the offence, the person was a member of a visiting force of a State that was not a party to the Convention or was working with such a force, and

(b)

the conduct was related to anything to which sub-paragraph (4) applies.

(4)

This sub-paragraph applies to—

(a)

the possession of a prohibited munition by a member of a visiting force of a State that was not a party to the Convention or a person working with such a force,

(b)

the movement of a prohibited munition into or from the United Kingdom by a member of such a visiting force,

(c)

the entering into a contract by a member of such a visiting force to move a prohibited munition into or from the United Kingdom,

(d)

the making of arrangements by a member of such a visiting force or a person working with such a force under which a member of such a force—

(i)

moves a prohibited munition into or from the United Kingdom, or

(ii)

enters into a contract to move a prohibited munition into or from the United Kingdom.

(5)

In this paragraph “member of a visiting force” and “person working with such a force” are to be construed in accordance with section 8.