PART XII Evidence

Special capacity

255 Special capacity.

Where an offence is alleged to be committed in any special capacity, as by the holder of a licence, master of a vessel, occupier of a house, or the like, the fact that the accused possesses the qualification necessary to the commission of the offence shall, unless challenged—

a

in the case of proceedings on indictment, by giving notice of a preliminary objection F1in accordance with section 71(2) or 72(6)(b)(i) of this Act; or

b

in summary proceedings, by preliminary objection before his plea is recorded,

be held as admitted.