Lords' ruling upholds reverse burden of proof

摘要

IN A MUCH anticipated judgment, the House of Lords has upheld the Court of Appeal's decision in the Char-got case, which concerns what the prosecution must prove in health and safety cases and the implications of the reverse burden of proof. On 10 December, the Lords dismissed Chargot and Ruttle Contracting's appeal against their convictions under the Health and Safety at Work Act, and decided the fines imposed on the firms should stand. The ruling confirms that in safety prosecutions, where there has been an injury, the responsibility rests not with the prosecution to detail and prove specific failings, but with the defence to demonstrate that they passed the "reasonable practicability" test in managing risk. But where an alleged breach has not resulted in an injury, the prosecution may need to do more.