Prospective

extent U.K. + OffencesU.K.

24extent U.K. + Offences of failing to comply with compliance notice or restriction noticeU.K.

section 24 1 + (1)A person who is given a compliance notice in respect of a contravention which relates to enhanced duty premises or a qualifying event commits an offence if the person fails to comply with the notice.

section 24 2 + (2)A person who is given a restriction notice commits an offence if the person fails to comply with the notice.

section 24 3 + (3)It is a defence for a person (“the accused”) charged with an offence under subsection (1) or (2) to show that they took all reasonable steps to comply with the notice.

section 24 4 + (4)The accused is to be taken to have shown the fact mentioned in subsection (3) if—

section 24 4 a + (a)sufficient evidence of the fact is adduced to raise an issue with respect to it, and

section 24 4 b + (b)the contrary is not proved beyond reasonable doubt.

section 24 5 + (5)The accused may not rely on a defence under subsection (3) which involves a third party allegation unless the accused has—

section 24 5 a + (a)given a notice to the prosecutor in accordance with subsections (7) to (10), or

section 24 5 b + (b)obtained the permission of the court.

section 24 6 + (6)term third party allegation + In subsection (5) “third party allegation” means an allegation that the failure was due to—

section 24 6 a + (a)the act or omission of another person, or

section 24 6 b + (b)the accused relying on information provided by another person.

section 24 7 + (7)The notice under subsection (5)(a) must give any information in the accused’s possession which identifies, or may assist in identifying, the other person mentioned in subsection (6).

section 24 8 + (8)In the case of proceedings in England and Wales or Northern Ireland, the notice under subsection (5)(a) must be given to the prosecutor no later than seven clear days before the hearing of the proceedings.

section 24 9 + (9)In the case of summary proceedings in Scotland, the notice under subsection (5)(a) must be given to the prosecutor—

section 24 9 a + (a)where an intermediate diet is to be held, at or before that diet;

section 24 9 b + (b)where such a diet is not to be held, no later than ten clear days before the trial diet.

section 24 10 + (10)In the case of solemn proceedings in Scotland, the notice under subsection (5)(a) must be given to the prosecutor—

section 24 10 a + (a)where the proceedings are in the sheriff court, at or before the first diet;

section 24 10 b + (b)where the proceedings are in the High Court, at or before the preliminary hearing.

section 24 11 + (11)A person who commits an offence under this section is liable—

section 24 11 a + (a)on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

section 24 11 b + (b)on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

section 24 11 c + (c)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both);

section 24 11 d + (d)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).