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ADALE  
#1 Posted : 20 July 2013 12:35:35(UTC)
Rank: Forum user
ADALE

Can somebody possibly remind me of the section of HSW which by virtue of the case being brought requires that innocence be proven rather than the other way round under most statutes? Thanks for any readers help
Canopener  
#2 Posted : 20 July 2013 13:09:30(UTC)
Rank: Super forum user
Canopener

It's not about proving innocence per se but about proving that you had done all that was RP. It might amount to the same thing! 40?
RayRapp  
#3 Posted : 21 July 2013 22:06:52(UTC)
Rank: Super forum user
RayRapp

As the above post suggests it is Section 40 of HSWA - Reverse Burden of Proof. The defence to S40 is that it was not reasonably foreseeable... 40 Onus of proving limits of what is practicable etc. In any proceedings for an offence under any of the relevant statutory provisions consisting of a failure to comply with a duty or requirement to do something so far as is practicable or so far as is reasonably practicable, or to use the best practicable means to do something, it shall be for the accused to prove (as the case may be) that it was not practicable or not reasonably practicable to do more than was in fact done to satisfy the duty or requirement, or that there was no better practicable means than was in fact used to satisfy the duty or requirement.
peter gotch  
#4 Posted : 22 July 2013 13:52:40(UTC)
Rank: Super forum user
peter gotch

A Dale The prosecution has to prove all elements of the charge (except that of reasonable practicability) beyond reasonable doubt. Defence has prove that it did what was reasonably practicable on the balance of probabilities.
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