The Industrial Cases Reports
[2002] ICR 1523
Queen's Bench Division
Regina (Junttan Oy)
v
Bristol Magistrates' Court
[2002] EWHC 566 (Admin)
2002 March 18;
19
Lord Woolf CJ and Wright J
Health and safety
— Statutory offence
— Manufacturer
— Machinery causing fatality
— Modification made following prohibition notice
— Whether Health and Safety Executive required to comply with Community provision for machinery liable to endanger safety before prosecuting
— Whether appropriate to prosecute under 1974 Act when Regulations providing for specific offence
—
Health and Safety at Work etc Act 1974, ss. 3, 6 (as amended by Consumer Protection Act 1987, s. 36, Sch. 3, para 2)
—
Supply of Machinery (Safety) Regulations 1992 (SI 1992/3073), reg 29, Sch. 6, para 7
—
Council Directive 98/37/EC, art 7