Prospective

OffencesU.K.

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

(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.

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

(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.

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

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

(b)the contrary is not proved beyond reasonable doubt.

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

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

(b)obtained the permission of the court.

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

(a)the act or omission of another person, or

(b)the accused relying on information provided by another person.

(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).

(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.

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

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

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

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

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

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

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

(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);

(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);

(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);

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