Fireworks and Pyrotechnic Articles (Scotland) Act 2022

46 Presumptions in proceedings under this Act

(1) This section applies for the purposes of a trial in proceedings for an alleged offence under this Act.

(2) Where an item—

(a) is labelled as a firework or other pyrotechnic article, or

(b) is not so labelled but is found within a container which is labelled as containing fireworks or other pyrotechnic articles,

the item is presumed to be a firework or pyrotechnic article as described on the label or, as the case may be, container.

(3) At the trial, a party to the proceedings may rebut the presumption mentioned in subsection (2) by proving that, at the time the offence is alleged to have been committed, the item was not a firework or other pyrotechnic article of the description on the item or the container.

(4) A party may lead evidence for the purpose of rebutting the presumption only if the party has given notice of the intention to do so to the other parties—

(a) not less than 7 days before the intermediate diet, or

(b) if there is no intermediate diet, not less than 28 days before the date of the trial.