PART 3Fulfilment businesses
53Offence
1
A person who—
a
carries on a third country goods fulfilment business, and
b
is not an approved person,
commits an offence.
2
In proceedings for an offence under subsection (1) it is a defence to show that the person did not know, and had no reasonable grounds to suspect, that the person—
a
was carrying on a third country goods fulfilment business, or
b
was not an approved person.
3
A person is taken to have shown the fact mentioned in subsection (2) if—
a
sufficient evidence of that fact is adduced to raise an issue with respect to it, and
b
the contrary is not proved beyond reasonable doubt.
4
A person guilty of an offence under this section is liable on summary conviction—
a
in England and Wales, to imprisonment for a term not exceeding 12 months, or a fine, or both;
b
in Scotland, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;
c
in Northern Ireland, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both.
5
A person guilty of an offence under this section is liable on conviction on indictment to—
a
imprisonment for a period not exceeding 7 years,
b
a fine, or
c
both.
6
In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 the reference in subsection (4)(a) to 12 months is to be read as a reference to 6 months.