SCHEDULE 1 Supplementary Provisions in Connection with Proceedings for Offences under Sections [15A,] 17 and 18(4)

SCHEDULE 1 Supplementary Provisions in Connection with Proceedings for Offences under Sections [15A,] 17 and 18(4)

Sections 17, 18

Proceedings in England and Wales

1

(1)     A person against whom proceedings are brought in England and Wales for an offence under section [15A,] 17 or 18(4) of this Act is, upon information duly laid by him and on giving the prosecution not less than three clear days' notice of his intention, entitled to have any person to whose act or default he alleges that the contravention of that section was due brought before the court in the proceedings.

(2)     If, after the contravention has been proved, the original accused proves that the contravention was due to the act or default of that other person—

(a)     that other person may be convicted of the offence, and

(b)     if the original accused further proves that he has used all due diligence to secure that section [15A,] 17 or, as the case may be, 18(4) was complied with, he shall be acquitted of the offence.

(3)     Where an accused seeks to avail himself of the provisions of sub-paragraphs (1) and (2) above—

(a)     the prosecution, as well as the person whom the

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