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Part 5SEnforcement

Powers of courtS

61DefencesS

(1)Subsection (2) applies where in accordance with a provision mentioned in subsection (3) it is a defence for a person charged with an offence to prove a particular matter.

(2)If the person adduces evidence which is sufficient to raise an issue with respect to the matter the court or jury shall assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(3)The provisions in respect of which subsection (2) applies are sections 16, 19, 20 and 30 of this Act.

Commencement Information

I1S. 61 in force at 1.4.2005 by S.S.I. 2005/174, art. 2