Commentary on Sections Section 10: Supplementary provision: evidential burden and authorisations
58.The main purpose of this section is to provide that the burden of proof on an accused who wishes to rely on a defence under the Act is an evidential burden only.
59.Subsections (1) and (2) provide that where an accused puts forward evidence in support of a defence, if the defence evidence is such that it raises an issue with respect to the defence, the Court must take the defence to be established unless the prosecution proves beyond reasonable doubt that it is not.
60.Subsection (3) provides that, for the purposes of section 6 (permitted purposes) and section 8 (visiting forces), authorisations given by the Secretary of State before the Act enters into force will have the same effect as those given on or after the Act enters into force.