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The Prison and Young Offenders Centre (Amendment) Rules (Northern Ireland) 2009

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Defences to alcohol and drugs offences

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17.  After rule 39 (offences against prison discipline) insert the following rules—

Defences to rule 39(19A)

39A.  It shall be a defence for a prisoner charged with an offence under rule 38(19A) to show that—

(a)the alcohol was consumed by him in circumstances in which he did not know and had no reason to suspect that he was consuming alcohol;

(b)the alcohol was consumed by him without his consent in circumstances where it was not reasonable for him to have resisted.

Defences to rule 39(19B)

39B.  It shall be a defence for a prisoner charged with an offence under rule 38(19B) to show that—

(a)the drug had been, prior to its administration, lawfully in his possession for his use or was administered to him in the course of a lawful supply of the drug to him by another person;

(b)the drug was administered by or to him in circumstances in which he did not know and had no reason to suspect that such a drug was being administered; or

(c)the drug was administered by or to him under duress or to him without his consent in circumstances where it was not reasonable for him to have resisted..

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