The Lord Justice General set out the requirements to establish an offence under section 37(4) of the Act. Where the officer of the company had no actual knowledge of the breach of the regulations, the question was whether he should have been put on inquiry by the circumstances so as to have made inquiries as to the implementation of the procedures. Lord Justice General Emslie said the section is concerned primarily to provide a penal sanction against those persons charged with functions of management who can be shown to have been responsible for the commission of the offence by a body corporate, and that the functions of the office which he holds will be a highly relevant consideration.
Judges:
Lord Justice General Emslie
Citations:
(1978) JC 74
Statutes:
Health and Safety at Work Act 1974 37(4)
Cited by:
Cited – Regina v P Ltd and Another CACD 11-Jul-2007
A child had been injured when a load fell from a fork lift truck. It was said not to have been secured as required by Health and Safety Regulations. The company was to be prosecuted. The prosecutor appealed a preliminary ruling that in order to . .
Cited – Chargot Limited (T/A Contract Services) and Others, Regina v HL 10-Dec-2008
The victim died on a farm when his dumper truck overturned burying him in its load.
Held: The prosecutor needed to establish a prima facie case that the results required by the Act had not been achieved. He need only establish that a risk of . .
Lists of cited by and citing cases may be incomplete.
Scotland, Health and Safety
Updated: 01 May 2022; Ref: scu.258851
