sch.1-sec.442MCustom of itself no defence

### sch.1-sec.442M Custom of itself no defence In any prosecution under this chapter it does not amount to a defence to show that the receiving, soliciting, giving, or offering of any valuable consideration therein mentioned or referred to is customary in any trade, business, or calling. Burden of proof that gift not secret commission If in any prosecution under this chapter it is proved that any valuable consideration has been received or solicited by an agent from or given or offered to an agent by any person having business relations with the principal, without the assent of the principal, the burden of proving that such valuable consideration was not received, solicited, given, or offered in contravention of any of the provisions of this chapter shall be on the accused. Consent to prosecution No prosecution under this chapter shall be commenced without the consent of a Crown Law Officer. sch 1 pt 6 div 1 ch 42A s 442M ins 1931 22 Geo 5 No. 40 s 13 (sch.1-sec.442M-ssec.1) In any prosecution under this chapter it does not amount to a defence to show that the receiving, soliciting, giving, or offering of any valuable consideration therein mentioned or referred to is customary in any trade, business, or calling. Burden of proof that gift not secret commission (sch.1-sec.442M-ssec.2) If in any prosecution under this chapter it is proved that any valuable consideration has been received or solicited by an agent from or given or offered to an agent by any person having business relations with the principal, without the assent of the principal, the burden of proving that such valuable consideration was not received, solicited, given, or offered in contravention of any of the provisions of this chapter shall be on the accused. Consent to prosecution (sch.1-sec.442M-ssec.3) No prosecution under this chapter shall be commenced without the consent of a Crown Law Officer.