Defences31
1
In proceedings for an offence under these Regulations in Scotland it is a defence for the accused to prove that they took all reasonable steps and exercised all due diligence to avoid committing the offence.
2
In proceedings for an offence under these Regulations in the remainder of the United Kingdom it is a defence for the defendant to prove that they took all reasonable steps and exercised all due diligence to avoid committing the offence.
3
A person may not rely on a defence that involves an allegation that the commission of the offence was due to the act or default of another person unless—
a
in Scotland at least seven clear days before the trial diet the accused has given to the procurator fiscal a notice in writing giving such information identifying or assisting in the identification of the other person as was then in their possession;
b
in the remainder of the United Kingdom at least seven clear days before the hearing the defendant has given to the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in their possession; or
c
the court grants them leave.