68.This section makes provision for the onus of proof in trials on indictment for offences of possession of firearms and explosives. The provision is based on a recommendation made by the Diplock Commission; its effect is to permit the court to make assumptions as to the accused’s knowledge and control of items found on premises where he was present or occupied or used. The section is listed in section 118(5) so the defendant need only satisfy an evidential burden as to his lack of knowledge or control in order to displace the assumptions.
Commentary Part Vii: Northern Ireland Section 77: Possession: onus of proof