OpenLegislation

Section 23 Conditions under which warranty may be used in defence.

England, Wales and Scotland

(1)

A warranty shall only be a defence to proceedings under this Act if—

(a)

the defendant has within seven days of the service of the summons sent to the prosecutor a copy of the warranty with a notice stating that he intends to rely on it and specifying the name and address of the person from whom he received it, and has also sent a like notice of his intention to that person;

(b)

in the case of a warranty given by a person resident outside the United Kingdom, the defendant proves that he had taken reasonable steps to ascertain, and did in fact believe in, the accuracy of the statement contained therein.

(2)

The person by whom the warranty is alleged to have been given shall be entitled to appear at the hearing and to give evidence and the court may, if it thinks fit, adjourn the hearing to enable him to do so.

Notes on the whole Act

Textual amendments

F1

Act repealed (6.1.1997) by S.I. 1996/3097, art. 2