Saving and transitional provision

6.—(1) This article applies where in any proceedings—

(a)a person (“P”) is charged in respect of the same conduct with—

(i)an offence under section 4 of the 2004 Act as it was before it was amended by section 110 of the Act (“the old offence”); and

(ii)an offence under section 4 of the 2004 Act as amended by section 110 of the Act (“the new offence”);

(b)the only thing preventing P 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 on or after 6th April 2013;

(c)the only thing preventing P 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 6th April 2013.

(2) For the purpose of determining P’s guilt it shall be conclusively presumed that the offence was committed wholly or partly before 6th April 2013.