Regulation 8 Defence of due diligenceI1
Scotland Not yet in force
In any proceedings for an offence under these Regulations, it is a defence for the person charged (in this Regulation, “the person”) to prove that all due diligence was exercised to avoid the commission of the offence.
Paragraph (3) applies if the defence provided by paragraph (1) above involves the allegation that the commission of the offence was due to the act or omission of another person (in this Regulation, “the other person”).
Where this paragraph applies, the person is not entitled to rely on the defence provided by paragraph (1) unless the person has–
leave of the court; or
served on the prosecutor written notice giving information identifying, or which assists in identifying, the other person.
The notice referred to in paragraph (3)(b) must only give information in the possession of the person at the time the person was charged.
The notice in paragraph (3)(b) must be served–
at least seven clear days before the hearing; or
where the person has previously appeared before a court in connection with the alleged offence, within one month of that first appearance.
In paragraph (5)(b), the reference to appearing before a court includes a reference to being brought before a court.
Annotations
Commencement
- I1
Reg. 8 in force at 25.1.2009, see reg. 1