North Yorkshire County Council Act 1991

10 Defence of due diligence

(1) In proceedings for an offence under section 6 or 7 (1), (3), (4) or (5) of this Act it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(2) In proceedings for an offence under section 7 (9) of this Act it shall be a defence for the person charged to prove—

(a) that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence; or

(b) that he had no reason to suspect that the person from whom he acquired the second-hand goods was under the age of 16.

(3) If in any case the defence provided under subsection (1) or (2) above involves the allegation that the commission of the offence was due to the act or default of another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information as was then in his possession identifying or assisting in the identification of that other person.