10(1)In this paragraph—U.K.
“old offence” means an offence under section 2(1) of the Suicide Act 1961 as that section had effect before the section 59 commencement date, or an attempt to commit such an offence;
“new offence” means an offence under section 2(1) of that Act as that Act is amended by section 59 of this Act.
(2)Sub-paragraph (3) applies where—
(a)a person (“the defendant”) is charged in respect of the same conduct with both an old offence and a new offence,
(b)the only thing preventing the defendant from being found guilty of the new offence is the fact that it has not been proved beyond reasonable doubt that the offence was committed wholly after the section 59 commencement date, and
(c)the only thing preventing the defendant from being found guilty of the old offence is the fact that it has not been proved beyond reasonable doubt that the offence was committed wholly or partly before the section 59 commencement date.
(3)For the purpose of determining the guilt of the defendant it is to be conclusively presumed that the offence was committed wholly or partly before the section 59 commencement date.
(4)For this purpose “the section 59 commencement date” means the day appointed under section 182 for the coming into force of section 59.
Commencement Information
I1Sch. 22 para. 10 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 26(b)