Clause 77
Policing and Crime Bill
7:00 pm
This amendment sets out exceptions to the importation prohibition, rather than defences to offences under section 50(2) and (3) of the Customs and Excise Management Act 1979. this means the exceptions can be relied on in any criminal proceedings and in forfeiture proceedings under the 1979 Act.
Amendment 314, in clause 77, page 97, line 37, at end insert—
‘141ZD Prohibition on importation of offensive weapons: burdens of proof
(1) This section applies for the purposes of proceedings for an offence under the Customs and Excise Management Act 1979 relating to a weapon the importation of which is prohibited by section 141ZB above.
(2) An exception conferred by or under section 141ZC is to be taken not to apply unless sufficient evidence is adduced to raise an issue with respect to the exception.
(3) Where sufficient evidence is adduced to raise an issue with respect to an exception, it is to be taken to apply unless the contrary is proved beyond a reasonable doubt.”’.