Defences
18.—(1) Except in respect of the offences in regulation 16, it is a defence for a person charged with an offence under these Regulations (“C”) to prove that his or her actions were carried out with lawful authority or that he or she took all reasonable precautions and exercised all due diligence to avoid committing the offence.
(2) Where C wishes to rely on the defence in paragraph (1), C must serve on the prosecutor a written notice of that fact in accordance with paragraph (4).
(3) Where 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 written 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 must be served—
(a)where an intermediate diet is held, at or before that diet; or
(b)where such a diet is not to be held, no later than 10 clear days before the trial diet.