136 Defence for persons charged with breach of duty or failure to comply

(1)

In any prosecution for an offence against section 134 or section 135, it is a defence if the defendant proves that—

(a)

the breach or failure concerned was due to the act or omission of another person, or to an accident or some other cause outside the defendant’s control; and

(b)

the defendant took reasonable precautions and exercised due diligence to avoid the breach or failure, or breaches or failures of that kind.

(2)

A defence under subsection (1) is available only if, at least 14 days before the date on which the hearing of the proceedings commences or within such further time as the court may allow, the defendant delivers to the prosecutor a written notice that—

(a)

states that the defendant intends to rely on the relevant defence; and

(b)

specifies the nature of the act or omission constituting the relevant breach or failure and the precautions taken against such breaches or failures.