AG v States Employment Board [2010] JRC 181 (05 October 2010)

AG v States Employment Board [2010] JRC 181 (05 October 2010)

Delegation by the SEB does not provide a defence to a charge under Article 3(1) of the Health and Safety Law; the statutory duty is absolute, qualified only by reasonable practicability, and remains with the employer regardless of delegation.

Citation
[2010] JRC 181
Parties
Defendant: States Employment Board; Prosecution: Health and Safety Inspectorate
Jurisdiction
Jersey
Judgment Date
05 October 2010
Procedural Posture
Criminal / Pre Trial Ruling
Outcome
Delegation is not a defence; evidence of the accident is admissible; defence application regarding exclusion of evidence left over pending voir dire.
Legal Topics
Statutory Duty, Delegation, Employer Liability, Exclusion of Evidence
Health and Safety Employment Law Criminal Law Statutory Duty Delegation Employer Liability Exclusion of Evidence

Case Brief

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Parties

States Employment Board

Defendant

Health and Safety Inspectorate

Prosecution

Procedural Posture

Criminal / Pre Trial Ruling

Legal Issues

  1. 1 Whether delegation by the SEB provides a defence to a charge under Article 3(1) of the Health and Safety at Work (Jersey) Law 1989
  2. 2 Whether prosecution evidence should be excluded under Article 76 of the Police Procedure and Criminal Evidence (Jersey) Law 2003

Ratio Decidendi

Delegation by the SEB does not provide a defence to a charge under Article 3(1) of the Health and Safety Law; the statutory duty is absolute, qualified only by reasonable practicability, and remains with the employer regardless of delegation.

Court Disposition

Delegation is not a defence; evidence of the accident is admissible; defence application regarding exclusion of evidence left over pending voir dire.

Orders

  • Delegation by SEB does not absolve statutory liability under Article 3(1)
  • Evidence of accident is admissible