Health and Safety Prosecutions - Burden of Proof and Human Rights

• Author:
• Mark Tyler

Section 40 of the Health and Safety at Work Act 1974 (HSWA) provides that an offence consisting of a failure to comply with a duty or requirement to do something so far as is practicable, or so far as reasonably practicable, or to use the best practicable means to do something, the onus is on the accused to prove that it was not practicable, or not reasonably practicable to do more than was done, or that there was no better practicable means than that used to satisfy the duty or requirement.
... (916 more words)

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