Presumption of guilt in disturbed areas shifts burden to accused when present during firearms or explosives use. A statutory presumption shifts the evidential burden where a person accused of specified violent public order offences is shown to have been present in a disturbed area or an area of prolonged extensive disturbance at a time when firearms or explosives were used from that place against forces maintaining public order, and, unless the contrary is shown, the person is presumed to have committed the offence.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Presumption of guilt in disturbed areas shifts burden to accused when present during firearms or explosives use.
A statutory presumption shifts the evidential burden where a person accused of specified violent public order offences is shown to have been present in a disturbed area or an area of prolonged extensive disturbance at a time when firearms or explosives were used from that place against forces maintaining public order, and, unless the contrary is shown, the person is presumed to have committed the offence.
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