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The Invasive Alien Species (Enforcement and Permitting) Order (Northern Ireland) 2019
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Defences: due diligence
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12.—(1) It is defence to a charge of committing an offence under Article 3(2) or (3) if the person charged (“P”) shows that P took all reasonable steps and exercised all due diligence to avoid committing the offence.
(2) Where the defence provided by paragraph (1) involves an allegation that the commission of the offence was due to the act or omission of another person, the person charged is not, without leave of the court, entitled to rely on the defence unless, within a period ending seven clear days before the hearing, the person has served on the prosecutor a notice giving such relevant information as was then in the person’s possession.
(3) In paragraph (2), “relevant information” means information which identifies or assists in the identification of the other person.
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