PART 1Product security

CHAPTER 3Enforcement

Enforcement notices

32Failure to comply with enforcement notice

1

It is an offence for a person to fail to comply with an enforcement notice.

2

It is a defence for a person (“P”) charged with an offence under this section to show that P took all reasonable steps to comply with the notice.

3

P is to be taken to have shown the fact mentioned in subsection (2) if—

a

sufficient evidence of the fact is adduced to raise an issue with respect to it, and

b

the contrary is not proved beyond reasonable doubt.

4

P may not rely on a defence under subsection (2) which involves a third party allegation unless P has—

a

given a notice to the prosecutor in accordance with this section, or

b

obtained the permission of the court.

5

In subsection (4) “third party allegation” means an allegation that the failure to comply with the notice was due to—

a

the act or omission of another person, or

b

P’s reliance on information provided by another person.

6

The notice under subsection (4)(a) must give any information in P’s possession which identifies, or may assist in identifying, the person mentioned in subsection (5).

7

In the case of proceedings in England and Wales or Northern Ireland, the notice under subsection (4)(a) must be given to the prosecutor no later than 7 clear days before the hearing of the proceedings.

8

In the case of proceedings in Scotland, the notice under subsection (4)(a) must be given to the prosecutor—

a

where an intermediate diet is to be held, at or before that diet;

b

where such a diet is not to be held, no later than 10 clear days before the trial diet.

9

A person guilty of an offence under this section is liable—

a

on summary conviction in England and Wales, to a fine;

b

on summary conviction in Scotland, to a fine not exceeding level 5 on the standard scale;

c

on summary conviction in Northern Ireland, to a fine not exceeding level 5 on the standard scale.