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Article 47 Defence of due diligence

Original text. Later amendments are not shown.

(1)
(a)

In proceedings for an offence under any provision of this Order mentioned in sub-paragraph (b) below, it shall be a defence for the defendant to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.

(b)

The provisions referred to in sub-paragraph (a) above are—

  • article 12(5);

  • article 37;

  • article 38; and

  • article 41.

(2)

If in any case the defence provided by paragraph (1)(a) above involves the allegation that the commission of the offence was due to the act or default of another person, the defendant shall not, without leave of the court, be entitled to rely on that defence unless, within a period of seven clear days before the hearing, they have served on the prosecutor a notice in writing giving such information identifying, or assisting in the identification of, that other person as was then in their possession.