Commentary on Sections Part 3 - Protection from eviction Section 43 – Offences under Section 42 supplementary
101.Under subsection (1), it is a defence in proceedings for an offence of contravening section 42(2) or (3) to prove that the accused believed and had reasonable cause to believe that the occupier of the mobile home ceased to reside there. In subsection (2), in proceedings for an offence contravening section 42(5) it is a defence to prove that the accused had reasonable grounds for withdrawing or withholding services or facilities.
102.Under subsection (3), the penalty for an offence under section 42 is on summary conviction (magistrates court) is to a fine, or to imprisonment for a term not exceeding 12 months, or to both and on conviction on indictment (crown court), to a fine or two years’ imprisonment or to both.