Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error
Environmental Prosecutions - limitations act?
Options
Go to last post Go to first unread
Previous Topic Next Topic
SafetyGirl  
#1 Posted : 29 November 2011 09:47:34(UTC)
Rank: Forum user
SafetyGirl
Good morning everyone

Just on the off chance that there are some H,S & E folks out here.....is there a time limit as to when an organisation can be prosecuted for an environmental incident?

Many thanks in advance,

SG
Back to top
mylesfrancis  
#2 Posted : 29 November 2011 09:59:23(UTC)
Rank: Forum user
mylesfrancis
It would depend on what the actual offence is. If it is a "Summary Only" offence, i.e. it can only be heard in the Magistrates' Court, then the prosecution has to brought within 6 months of the offence. If it is an "Either Way" offence which can be heard in the Mags or Crown Court, then there is no time limit.

However, if there is a significant delay in bringing the prosecution for an either way offence and it can be shown to prejudice the defendant then the prosecution may be struck out as an abuse of process.
Back to top
SafetyGirl  
#3 Posted : 29 November 2011 10:03:16(UTC)
Rank: Forum user
SafetyGirl
Thanks Mylesfrancis - not too dissimilar to H&S law then...I'll have a look with reference to Scottish Law.

Many thanks for that :-)
Back to top
Users browsing this topic
Guest
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.

Powered by YAF.NET | YAF.NET © 2003-2025, Yet Another Forum.NET