[F11ADefencesU.K.
(1) It is a defence for a person charged with an offence under section 1 (referred to in this section as “ the accused ”) to show that—
(a) the accused believed the person to whom the crossbow or part was sold or let on hire (referred to in this section as “ the purchaser or hirer ”) to be aged 18 or over, and
(b)either—
(i)the accused had taken reasonable steps to establish the purchaser or hirer's age, or
(ii)no reasonable person could have suspected from the purchaser or hirer's appearance that the purchaser or hirer was under the age of 18.
(2)For the purposes of subsection (1)(b)(i), the accused is to be treated as having taken reasonable steps to establish the purchaser or hirer's age if and only if—
(a)the accused was shown any of the documents mentioned in subsection (3), and
(b)the document would have convinced a reasonable person.
(3)Those documents are any document bearing to be—
(a)a passport,
[F2(aa)a UK driving licence,]
(b)a European Union photocard driving licence, or
(c)such other document, or a document of such other description, as the Scottish Ministers may by order made by statutory instrument prescribe.
(4)A statutory instrument containing an order under subsection (3)(c) is subject to annulment in pursuance of a resolution of the Scottish Parliament.]
Textual Amendments
F1S. 1A inserted (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 35(3), 206(1); S.S.I. 2011/178, art. 2, Sch.
F2S. 1A(3)(aa) inserted (S.) (31.12.2020) by The Licensing (Amendment) (EU Exit) (Scotland) Regulations 2019 (S.S.I. 2019/6), regs. 1, 3(2); 2020 c. 1, Sch. 5 para. 1(1)