Part IV

Offences, Powers of Constables, etc.

Offences of annoying, offensive, obstructive or dangerous behaviour

Section 52B: proof of exceptions
52C
1
This section applies for the purpose of determining whether a matter within a paragraph of section 52B(2), (4), (6) or (8) of this Act is the case.
2
If sufficient evidence is adduced to raise an issue as to whether the matter is the case, it shall be held to be the case, except where subsection (3) below applies.
3
This subsection applies where the prosecution proves beyond reasonable doubt that the matter is not the case.
4
Otherwise, the matter shall be held not to be the case.
Act partly in force at Royal Assent see s. 137(2); Act wholly in force at 1. 1. 1985 see S.I. 1983/201 as amended by S.I. 1984/573 and 744.
Act (except s. 16 which applies to England and Wales) applies to Scotland only see s. 137(9).
Act excluded (19. 12. 1991) by City of Edinburgh District Council Order Confirmation Act (c. xix), ss. 1, 12(2), Sch. Pt. V
Ss. 52B, 52C inserted (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 16(3), 20(2); S.S.I. 2005/480, art. 2