Where an offence is alleged to be committed in any special capacity, as by the holder of a licence, master of a vessel, occupier of a house, or the like, the fact that the accused possesses the qualification necessary to the commission of the offence shall, unless challenged—
(a)in the case of proceedings on indictment, by giving notice of a preliminary objection [F1in accordance with section 71(2) or 72(6)(b)(i)] of this Act; or
(b)in summary proceedings, by preliminary objection before his plea is recorded,
be held as admitted.
Textual Amendments
F1Words in s. 255(a) substituted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 38; S.S.I. 2004/405, art. 2, Sch. 1 (with savings in arts. 3-5)