PART XWITNESSES AND EVIDENCE

F1Evidence

Annotations:
Amendments (Textual)
F1

Art. 118-118E and cross-headings substituted (1.1.2012) for art. 118 and preceding cross-heading by Justice Act (Northern Ireland) 2011 c. 24 (NI), ss. 100(1), 111(3) (with s. 106(4), Sch. 6 para. 8); S.R. 2011/370, art. 3(f)

Onus of proving exceptions in proceedings upon complaint124

1

When the defendant to a complaint relies for his defence on any exception, exemption, proviso, excuse or qualification, the burden of proving such exception, exemption, proviso, excuse or qualification shall be on him.

2

This Article shall have effect whether the exception, exemption, proviso, excuse or qualification relied on—

a

accompanies or does not accompany the description of the offence or matter of complaint in the enactment creating the offence or on which the complaint is founded; or

b

is or is not expressly specified or negatived in the complaint.