In relation to the reverse burden of proof, Lord Bonomy went further than a recommendation to give consideration, and recommended that the 2002 Act "should be amended to provide that the onus of establishing that conduct fell within one of the exceptions lies upon the accused".
The policy note, however, reasons:
In this context, the proposal to reverse the burden of proof would place the imposition on the accused of a legal/persuasive burden of proof to show that their actions fell within one of the legal exceptions.