Safety, Health and Welfare at Work Act 2005
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Use of codes of practice in criminal proceedings. |
61.—(1) Where in proceedings for an offence under this Act relating to an alleged contravention of any requirement or prohibition imposed by or under a relevant statutory provision being a provision for which a code of practice had been published or approved by the Authority under section 60 at the time of the alleged contravention, subsection (2) shall have effect with respect to that code of practice in relation to those proceedings. | |
(2) (a) Where a code of practice referred to in subsection (1) appears to the court to give practical guidance as to the observance of the requirement or prohibition alleged to have been contravened, the code of practice shall be admissible in evidence. | ||
(b) Where it is proved that any act or omission of the defendant alleged to constitute the contravention— | ||
(i) is a failure to observe a code of practice referred to in subsection (1), or | ||
(ii) is a compliance with that code of practice, | ||
then such failure or compliance is admissible in evidence. | ||
(3) A document bearing the seal of the Authority and purporting to be a code of practice or part of a code of practice published or approved of by the Authority under this section shall be admissible as evidence in any proceedings under this Act. |