||All England Reporter
|| All ER (D) 112 (Jun)
|| EWCA Crim 1223
||Court of Appeal, Criminal Division
Hughes LJ, Teare and Saunders JJ
||Jonathan Caplan QC and John Cooper (instructed by Osborn Abas Hunt) for the first defendant.
|| Richard Lissack QC and Keith Morton (instructed by CLyde & Co) for the second defendant.
||William Clegg QC and Jonathan Ashley-Norman (instructed by the Health and Safety Executive ) for the Crown.
||10 June 2008
Health and safety at work - Employer's duties - Duty to employees - Prosecution appeal - Jurisdiction - Deceased being crushed whilst dismantling temporary platform - Judge ruling no case to answer before close of prosecution case - Prosecution appeal against terminating ruling - Whether judge having power to find no case to answer before close of prosecution case - .
There was no jurisdiction for a judge to find, prior to the close of the prosecution case that there was no case to answer. Accordingly, the judge in the instant case had erred in so finding and in directing that not guilty verdicts be entered before the jury had been sworn in relation to the defendants, two companies charged with failing to discharge a duty under s3(1) of the and with contravening reg10 of the Construction (Health and Safety and Welfare) Regulations 1996.
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