Section 66J Section 66I: further defencesF1

England and Wales

(1)

It is a defence for a person charged with an offence under section 66I to prove that the person did the act which constituted the offence for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world.

(2)

It is a defence for a person charged with an offence under section 66I to prove that the person—

(a)

was a member of the Security Service, the Secret Intelligence Service or GCHQ (a “security body”), and

(b)

did the act which constituted the offence for the purposes of the exercise of any function of the security body.

(3)

“GCHQ” has the meaning given by section 3 of the Intelligence Services Act 1994.

(4)

It is a defence for a person charged with an offence under section 66I to prove that the person—

(a)

was a member of OFCOM, was employed or engaged by OFCOM, or assisted OFCOM in the exercise of any of its online safety functions, and

(b)

did the act which constituted the offence for the purposes of OFCOM’s exercise of any of its online safety functions.

(5)

In subsection (4)—

(a)

“OFCOM” means the Office of Communications;

(b)

a reference to OFCOM’s “online safety functions” has the meaning given by section 235 of the Online Safety Act 2023.

Annotations

Textual amendments

F1: Ss. 66I-66L inserted (29.6.2026) by Crime and Policing Act 2026 (c. 20), ss. 99(2), 255(1); S.I. 2026/689, reg. 2(1)(i)