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PACE applies to HSE
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#41 Posted : 16 November 2005 11:23:00(UTC)
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Posted By Tony Brunskill Did the curtain fall from height and if so who witnessed it?
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#42 Posted : 16 November 2005 12:15:00(UTC)
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Posted By Tony Brunskill Was it pushed?
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#43 Posted : 16 November 2005 13:14:00(UTC)
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Posted By Rob T Just a note to say (as someone coming in late to this thread) Adrian Watson is absolutely correct in all his postings on this subject. I have been through many of these scenarios. cheers Rob
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#44 Posted : 16 November 2005 14:04:00(UTC)
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Posted By ITK Haven't read all the responses but (as many people have chosen to answer different questions rather than the original question)in a nutshell you can be prosecuted under HASAWA 33(1) (e) for obstructing an inspector HSE or LA for not giving answers to questions under Section 20 (2) j. PACE in this scenario is a red herring.
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#45 Posted : 16 November 2005 14:29:00(UTC)
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Posted By Robert K Lewis ITK Only if the questions apply to matters of fact and are not attempting, or have the potential, to elicit self incriminatory information. Hence the need for representation so widely discussed. Bob
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#46 Posted : 16 November 2005 14:40:00(UTC)
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Posted By V Johnston If by chance you do incriminate yourself when answering questions under section 20 the inspector cannot use that answer in court until you have been cautioned under PACE and you have repeated the incriminating information. At that point you have the right of silence and legal representation.
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#47 Posted : 16 November 2005 15:26:00(UTC)
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Posted By Tony Brunskill Points to Note: s20 stands. HSE can compel answers to "any questions the inspector thinks fit to ask". The inspector can compel you to sign a declaration as to the truth of those answers. PACE does not diminish the s20 powers. If the inspector suspects you are guilty of an offence he must stop the interview and give you the caution. Now anything you say can be used in court. Get a Brief!!!
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