HM Advocate v Shell UK Ltd.

May 2, 2009 | No Comments

 

The appeal court rejected the contention that for the purposes of the reasonable time requirement in a health and safety prosecution, the time started running from either the date of the incident complained of or from the date on which the company was informed by the Health and Safety Executive that a report had been sent to the procurator fiscal.

Instead the court upheld the Crown’s contentions that the appropriate starting point was the service of the indictment on March 4, 2003 as the letters did not amount to official notification of any allegation that a crime had been committed and further, that the Health and Safety Executive was not a competent authority for the purposes of Article 6 as it was not an integral part of the criminal justice system in Scotland.

Art. 06 Right to a Fair Trial, Health and Safety Law

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.