AH Ltd & Anor, R. v [2021] EWCA Crim 359 (16 March 2021)

AH Ltd & Anor, R. v [2021] EWCA Crim 359 (16 March 2021)

The House of Lords in R v Chargot expressly approved the decision in R v Davies, confirming that section 40 of the Health and Safety at Work Act 1974 imposes a legal burden on the accused to prove reasonable practicability. This reverse burden is justified, necessary, and proportionate, and remains binding authority. The criticisms of Davies do not provide grounds for this court to depart from precedent.

Citation
[2021] EWCA Crim 359
Parties
Respondent: Regina; Appellant: AH Ltd; Appellant: Mr SJ
Jurisdiction
England and Wales
Judgment Date
16 March 2021
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Preparatory Hearing Ruling
Outcome
Permission to appeal refused
Legal Topics
Reverse Burden of Proof, Reasonable Practicability, Presumption of Innocence, Health and Safety at Work Act 1974, Section 40 HSWA, Corporate Criminal Liability
Criminal Law Health and Safety Law Reverse Burden of Proof Reasonable Practicability Presumption of Innocence Health and Safety at Work Act 1974 Section 40 HSWA Corporate Criminal Liability

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Parties

Regina

Respondent

AH Ltd

Appellant

Mr SJ

Appellant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Preparatory Hearing Ruling

Legal Issues

  1. 1 Whether section 40 of the Health and Safety at Work Act 1974 imposes a legal or evidential burden on the accused to prove reasonable practicability
  2. 2 Whether the reverse burden under section 40 is compatible with the presumption of innocence under Article 6(2) ECHR
  3. 3 Whether R v Davies was correctly decided and remains binding in light of subsequent case law and legislative changes

Ratio Decidendi

The House of Lords in R v Chargot expressly approved the decision in R v Davies, confirming that section 40 of the Health and Safety at Work Act 1974 imposes a legal burden on the accused to prove reasonable practicability. This reverse burden is justified, necessary, and proportionate, and remains binding authority. The criticisms of Davies do not provide grounds for this court to depart from precedent.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal from the ruling of Thornton J is refused