§ Mr. Skeetasked the Secretary of State for Employment if he will seek to amend the provisions of Section 40 of the Health and Safety at Work etc. Act 1974 relating to the burden of proving limits of what is reasonably practical to ensure that, in ciminal cases, the onus of proof is not placed on the accused but is laid on the prosecution.
§ Mr. Harold WalkerNo.
The section was included to put beyond doubt the burden of proof in cases where the offence is failing to comply with a duty or requirement to do something so far as is practicable or reasonably practicable. Defendants in such cases will already have considered as part of their statutory duty what means are practicable to protect the health and safety of others.