Member

I asked the Minister on Report to give an example of when a reasonable excuse defence might apply if all those factors were proved. With respect, he did not do so. He has suggested in discussions that a defendant might lack mental capacity or be very youthful, but in such a case the CPS would need to prove an intention to create the image and mental capacity or youth would, of course, be important factors that the sentencing magistrate or judge would be bound to take into account.