# Criminal Procedure (Scotland) Act 1995, Paragraph 16


Where, in relation to an offence created by or under an enactment any exception, exemption, proviso, excuse, or qualification, is expressed to have effect whether by the same or any other enactment, the exception, exemption, proviso, excuse or qualification need not be specified or negatived in the indictment or complaint, and the prosecution is not required to prove it, but the accused may do so.

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Source: https://www.legislation.gov.uk/ukpga/1995/46/schedule/3/paragraph/16 (the official version)
Page: https://openlegislation.uk/criminal-procedure-scotland-act-1995/schedule-3/paragraph-16
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.