Page:Public Order Act 2009.pdf/20

Rh : rules or in contravention of any term or condition of such a permit,

on at least one other occasion within the period of 5 years immediately before the date on which he is convicted or found guilty of the current offence.

(6) This section shall not apply to—
 * (a) an assembly or a procession exempted from this section under section 46; and
 * (b) an assembly or a procession within an unrestricted area not falling within a special event area.

Defences

17.—(1) In any proceedings for an offence under section 16(1)(a) or (2)(a), it shall be a defence for the person charged to prove that he did not know, and neither suspected nor had reason to suspect, that no permit had been granted under section 7 in respect of the assembly or procession or that no such permit is in force, as the case may be.

(2) In any proceedings for an offence under section 16(1)(b) or (2)(b), it shall be a defence for the person charged to prove that—
 * (a) he did not know, and neither suspected nor had reason to suspect, the difference in date, time or route; or
 * (b) the difference arose from—
 * (i) circumstances beyond his control;
 * (ii) something done in compliance with conditions imposed under section 8(2); or
 * (iii) something done with the agreement of a police officer not below the rank of sergeant or by the senior police officer's direction under section 8(4).

(3) In any proceedings for an offence under section 16(1)(c) or (2)(c), it shall be a defence for the person charged to prove that he did not know, and neither suspected nor had reason to suspect, that the assembly or procession was not in compliance with any of the conditions of the permit for the assembly or procession.