It is necessary to permit a defence as the elements are quite far reaching, especially as the victim does not need to suffer the harm.ivWritten submission
Andrew Tickell said that he did not find the inclusion of the defence in the Bill particularly reassuring, as it would fall on the accused to prove that their behaviour had been reasonable.viiJustice Committee, Official Report, 30 May 2017, col. 12 The Law Society of Scotland said that, whilst it agreed with the defence provided for in the Bill, "we would question whether behaviour defined as including violent, threatening or intimidating behaviour can ever be reasonable".ivWritten submission
Some evidence went further, querying the basis for including the defence.ixe.g.