[F152CSection 52B: proof of exceptionsS
(1)This section applies for the purpose of determining whether a matter within a paragraph of section 52B(2), (4), (6) or (8) of this Act is the case.
(2)If sufficient evidence is adduced to raise an issue as to whether the matter is the case, it shall be held to be the case, except where subsection (3) below applies.
(3)This subsection applies where the prosecution proves beyond reasonable doubt that the matter is not the case.
(4)Otherwise, the matter shall be held not to be the case.]
Textual Amendments
F1Ss. 52B, 52C inserted (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 16(3), 20(2); S.S.I. 2005/480, art. 2