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Part IV Offences, Powers of Constables, etc.

Offences of annoying, offensive, obstructive or dangerous behaviour

52CF1Section 52B: proof of exceptions

1

This section applies for the purpose of determining whether a matter within a paragraph of section 52B(2), (4), (6) or (8) of this Act is the case.

2

If sufficient evidence is adduced to raise an issue as to whether the matter is the case, it shall be held to be the case, except where subsection (3) below applies.

3

This subsection applies where the prosecution proves beyond reasonable doubt that the matter is not the case.

4

Otherwise, the matter shall be held not to be the case.