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Version status: In force | Document consolidation status: No known changes
Version date: 31 July 2023 - onwards
Version 2 of 2

41. Amendment of section 4 of Act of 1995

Section 4 of the Act of 1995 is amended -

(a) in subsection (2) -

(i) in paragraph (a), by the substitution of "knew of, or was reckless as to whether," for "knew or had reasonable grounds for believing that",

(ii) in paragraph (b), by the substitution of "knew of, or was reckless as to whether," for "knew or had reasonable grounds for believing that",

(iii) in paragraph (c), by the substitution of "knew of, or was reckless as to whether," for "knew or had reasonable grounds for believing that",

(iv) by the deletion of paragraph (d), and

(v) in paragraph (g), by the substitution of "person, including whether or not he or she entered onto the premises as a trespasser, and" for "person, and",

(b) in subsection (3)(a), by the substitution of "in exceptional circumstances, having regard to matters such as the nature of the offence, the extent of the recklessness on the part of the occupier, or the fact that the person was not a trespasser" for "in the interests of justice",