CHAPTER ONE
General Provisions

PART II
JUSTIFICATIONS AND EXCUSES

Duress

Necessity
50. No act of a person which but for this section would constitute an offence is an offence if —
(a) it was done in order to avoid consequences which could not otherwise be avoided and which if they had occurred would have inflicted upon him or her or another person whom he or she was bound to protect inevitable or irreparable harm or damage;
(b) it was no more than was reasonably necessary for that purpose; and
(c) the harm inflicted by it was not disproportionate to the danger avoided.

CHAPTER ONE
General Provisions

PART II
JUSTIFICATIONS AND EXCUSES

Duress

Proof of defence of automatism, duress or necessity
51.— (1) The burden of proof in respect of defence of automatism, duress or necessity lies on the defendant and the Court shall allow the prosecutor to adduce or elicit evidence to prove otherwise.

(2) Where a defendant relies on the defence of automatism, duress or necessity he or she shall give seven days notice prior to the trial to the prosecutor stating the particulars of his or her defence.