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Part IScheduled Offences

Evidence and onus of proof

12Onus of proof in relation to offences of possession

(1)Where a person is charged with possessing a proscribed article in such circumstances as to constitute an offence to which this section applies and it is proved that at the time of the alleged offence—

(a)he and that article were both present in any premises; or

(b)the article was in premises of which he was the occupier or which he habitually used otherwise than as a member of the public,

the court may accept the fact proved as sufficient evidence of his possessing (and, if relevant, knowingly possessing) that article at that time unless it is further proved that he did not at that time know of its presence in the premises in question, or, if he did know, that he had no control over it.

(2)This section applies to vessels, aircraft and vehicles as it applies to premises.

(3)In this section “proscribed article” means an explosive, firearm, ammunition, substance or other thing (being a thing possession of which is an offence under one of the enactments mentioned in subsection (4) below).

(4)This section applies to scheduled offences under the following enactments, that is to say—

(5)This section does not apply to a summary trial.