Maritime Safety Act 2005

Use of codes of practice in criminal proceedings.

36.—(1) Where a code of practice has been published and there are any proceedings for an offence under the Merchant Shipping Acts 1894 to 2005 and—

(a) the code of practice appears to the court to give practical guidance to the safe operation, or any of the matters referred to in subsection (1) or the observance of the requirement or prohibition alleged to have been contravened, the code is admissible in evidence, or

(b) where it is shown that any act or omission of the defendant alleged to constitute the offence—

(i) is a failure to observe a code of practice, or

(ii) is a compliance with that code,

then such failure or compliance is admissible in evidence.

(2) A document published by the Department and purporting to be a code of practice or a part of a code of practice or any amendment to a code of practice is admissible as evidence in any proceedings referred to in subsection (1).