Source: All England Reporter
Publisher Citation: [2008] All ER (D) 112 (Jun)
Neutral Citation: [2008] EWCA Crim 1223
Court: Court of Appeal, Criminal Division
Judge:

Hughes LJ, Teare and Saunders JJ

Representation 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.
Judgment Dates: 10 June 2008

Catchwords

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 - .

The 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.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.