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The Marketing of Bananas Regulations (Northern Ireland) 2019
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- Northern Ireland Statutory Rules
- 2019 No. 66
- PART 5
- Regulation 20
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20.—(1) In any proceedings for an offence under these Regulations, except under regulation 17, it is a defence for the person (“C”) charged to prove that their actions were carried out with lawful authority or that C took all reasonable precautions and exercised all due diligence to avoid committing the offence.
(2) If C intends to rely on the defence provided by paragraph (1), C shall serve on the prosecutor a notice of that fact in accordance with paragraph (4).
(3) If the defence provided by paragraph (1) involves an allegation that the commission of the offence was due to the act or default of another person, C is not, without leave of the court, entitled to rely on that defence unless C has served on the prosecutor a notice in accordance with paragraph (4) giving such information identifying or assisting in the identification of that person as was then in C’s possession.
(4) The notice shall be served—
(a)at least seven clear days before the hearing; and
(b)where C has previously appeared before a court in connection with the alleged offence, within one month of C’s first such appearance.
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