C1Part 13Discipline: Miscellaneous and Supplementary

Annotations:
Modifications etc. (not altering text)
C1

Pts. 11-13 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(3)(4)

Chapter 5Supplementary

Other supplementary provisions

I1I2325Evidential burden as respects excuses

1

This section applies to an offence under any of sections 1 to 41, F193A, 93E, 93G, 107, 229, F2232G and 266 which is such that a person who would otherwise commit the offence—

a

does not do so if he has a lawful excuse; or

b

does not do so if he has a reasonable excuse.

2

In proceedings for an offence to which this section applies, the defendant is to be treated as not having had a lawful excuse or reasonable excuse (as the case may be) unless sufficient evidence is adduced to raise an issue as to whether he had such an excuse.