Section 150 Section 149: evidential burdens and lifestyle offencesI1

United Kingdom Not yet in force

(1)

Subsection (2) applies where—

(a)

in accordance with section 149 (3), it is a defence for a person charged with an offence to show a particular matter, or

(b)

in accordance with section 149 (4), a court may make an assumption in relation to a person charged with an offence unless the person shows a particular matter.

(2)

A person is regarded as having shown the matter if—

(a)

sufficient evidence of the matter is adduced to raise an issue with respect to it, and

(b)

the contrary is not proved beyond reasonable doubt.

(3)

In the Proceeds of Crime Act 2002—

(a)

in Schedule 2 (lifestyle offences: England and Wales), in paragraph 9B (inserted by the Border Security, Asylum and Immigration Act 2025)—

(i)

in the heading, at the end insert “or vehicle offences”;

(ii)

the existing provision becomes sub-paragraph (1) of that paragraph;

(iii)

after that sub-paragraph insert—

“(2)

An offence under section 149 of the Crime and Policing Act 2026 (electronic devices for use in vehicle offences).”;

(b)

in Schedule 4 (lifestyle offences: Scotland), in paragraph 9G (inserted by the Border Security, Asylum and Immigration Act 2025)—

(i)

in the heading, at the end insert “or vehicle offences”;

(ii)

the existing provision becomes sub-paragraph (1) of that paragraph;

(iii)

after that sub-paragraph insert—

“(2)

An offence under section 149 of the Crime and Policing Act 2026 (electronic devices for use in vehicle offences).”;

(c)

in Schedule 5 (lifestyle offences: Northern Ireland), in paragraph 9B (inserted by the Border Security, Asylum and Immigration Act 2025)—

(i)

in the heading, at the end insert “or vehicle offences”;

(ii)

the existing provision becomes sub-paragraph (1) of that paragraph;

(iii)

after that sub-paragraph insert—

“(2)

An offence under section 149 of the Crime and Policing Act 2026 (electronic devices for use in vehicle offences).”

Annotations

Commencement

I1: S. 150 not in force at Royal Assent, see s. 255(1)