Posted By TonyB All, Just a quick one. Section 36 - Fault of Other refers to any person (A) commits an offence due to the ACT or DEFAULT of another person (B) I know person A can be an organisation, when it come to taking enforcement action against the 'person' committing the offence, but can person B also be seen as an organisation or must B actually be a person? Simply put. If a contractor is committing an offence and is seen by one of the client's supervisors and he/she takes no action and the offense continues. Can the supervisor's company be prosecuted under S36 because of the inaction of the supervisor? Please limit your answer to the S36 issue. I know the company can be prosecuted under other sections, e.g. section 3 and that the supervisor can be prosecuted under S36. Its the technically of S36 to the company that I really want. Thanks TonyB

Posted By TonyB Ray Thanks for the idea. I now have the answer, but I got it from the Prosecution Database. Person B can be a company. Two 2 cases, over 5 years old are listed on the database against LTD companies. Therefore, person B may be a company as well as a individual. TonyB