325Evidential burden as respects excusesU.K.
(1)This section applies to an offence under any of sections 1 to 41, [F193A, 93E, 93G,] 107, 229, [F2232G and 266] which is such that a person who would otherwise commit the offence—
(a)does not do so if he has a lawful excuse; or
(b)does not do so if he has a reasonable excuse.
(2)In proceedings for an offence to which this section applies, the defendant is to be treated as not having had a lawful excuse or reasonable excuse (as the case may be) unless sufficient evidence is adduced to raise an issue as to whether he had such an excuse.
Textual Amendments
F1Words in s. 325(1) inserted (1.11.2013) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 4 para. 13(a); S.I. 2013/2501, art. 3(d)
F2Words in s. 325(1) substituted (1.11.2013) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 4 para. 13(b); S.I. 2013/2501, art. 3(d)
Commencement Information
I1S. 325 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
I2S. 325 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4