27
In forceOnus of proving person’s whereabouts at time of arrest
Part 2Cross‑border regions
Division 3Proving connection with a cross‑border region
27 Onus of proving person’s whereabouts at time of arrest
(1)
If whether a person was in a cross‑border region at the time of the person’s arrest is in issue in a proceeding, the person has the onus of proving on the balance of probabilities that the person was not in the region at that time.
(2)
If whether a person ordinarily resided in a cross‑border region at the time of the person’s arrest is in issue in a proceeding, the person has the onus of proving on the balance of probabilities that the person did not ordinarily reside in the region at that time.
This Act’s bill:Explanatory memorandumSecond reading speech
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