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5.—(1) This regulation applies where in any proceedings—
(a)a person (“D”) is charged in respect of the same conduct with—
(i)an offence under section 71 of the Coroners and Justice Act 2009(1); and
(ii)an offence under section 1 of the 2015 Act;
(b)the only thing preventing D from being found guilty of an offence under section 1 of the 2015 Act is the fact that it has not been proved beyond reasonable doubt that the offence was committed wholly on or after 31st July 2015;
(c)the only thing preventing D from being found guilty of an offence under section 71 of the Coroners and Justice Act 2009 is the fact that it has not been proved beyond reasonable doubt that the offence was committed wholly or partly before 31st July 2015.
(2) For the purpose of determining D’s guilt it shall be conclusively presumed that the offence was committed wholly or partly before 31st July 2015.
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