10(1)A person (P) may comply with a requirement imposed by a constable under any of paragraphs 1 to 7 by providing what the constable required at a police station specified by P at the time when the constable imposed the requirement (the “nominated police station”)—U.K.
(a)within seven days beginning with the day after which the constable imposed the requirement, or
(b)if it is not reasonably practicable to do so within that seven day period, as soon after the end of that period as is reasonably practicable.
(2)It is a defence for a person charged with an offence under any of paragraphs 1 to 7 in respect of a failure to comply with a requirement imposed by a constable to prove that it was not reasonably practicable to provide what the constable required at the nominated police station before the day on which the proceedings were commenced.
(3)For that purpose, the proceedings against a person for an offence are commenced when—
(a)in the case of proceedings in England and Wales—
(i)an information is laid for the offence,
(ii)the person is charged with the offence under Part 4 of the Police and Criminal Evidence Act 1984, or
(iii)a written charge is issued against the person for the offence under section 29 of the Criminal Justice Act 2003;
(b)in the case of proceedings in Scotland, a complaint is served on the person in respect of the offence;
(c)in the case of proceedings in Northern Ireland—
(i)a summons or warrant is issued under Article 20 of the Magistrates' Courts (Northern Ireland) Order 1981 in respect of the person and the offence,
(ii)a summons is issued under section 93 of the Justice Act (Northern Ireland) 2015 in respect of the person and the offence, or
(iii)the person is charged with the offence after being taken into custody without a warrant.
Commencement Information
I1Sch. 9 in force at 29.4.2021 for specified purposes and 29.6.2021 for all other purposes, see s. 21(1)(a)(2)