Defence of due diligence

25.—(1) In any proceedings for an offence under any provision of these Regulations, it will, subject to paragraph (2), be a defence for the person charged to prove that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence either personally, or by a person under their control.

(2) If in any case the defence provided by paragraph (1) involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the person charged will not, without leave of the court, be entitled to rely on that defence unless—

(a)at least seven clear days before the hearing; and

(b)where the person has previously appeared before a court in connection with the alleged offence, within one month after that person’s first appearance,

the person has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in their possession.

(3) In paragraph (2), any reference to appearing before a court will be construed as including a reference to being brought before a court.