The HSE sought answers from the company, and prosecuted when it got none. They sought judicial review of the magistrates decision to refuse a case stated.
Held: The answers sought were under a section which disallowed any prosecution of the person answering, and therefore the section was to be construed widely. As such there was a clear power to require answers, including answers in writing. The case was remitted to be heard by a different tribunal.
Citations:
[2003] EWHC 1158 (Admin), [2003] ICR 1287
Links:
Statutes:
Health and Safety at Work Act 1974 20(2)(j), Health and Safety (Enforcing Authority) Regulations 1989
Jurisdiction:
England and Wales
Health and Safety, Magistrates
Updated: 11 October 2022; Ref: scu.185362
