Summons to appear

Summons to appear

Postby no_ta » Sat Nov 16, 2013 7:36 pm

Can someone shed some light please, I have been summoned to appear before magistrates, charged with an offence under Health and Safety at work, the offence (alleged) took place over two years ago and at the very latest December 2011.

As far as I can see they are time barred, can anyone confirm this, or are there rules that they could side step the relevant Act?

The offence, if proved would fall under 'summary' or 'either or' which means it could go to Crown Court or be tried by magistrates.

Would the court have to establish jurisdiction before they could proceed?

Any help would be very much appreciated.
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Re: Summons to appear

Postby Freeman Stephen » Sat Nov 16, 2013 9:30 pm

Im under the impression that a civil action has to be taken within a reasonable time since the incident and is time barred after 5 years unless there are extenuating circumstances such as the delayed symptoms of asbestosis.

Not sure about the hsa - what section are you charged with? May be worth reading what it says.
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Re: Summons to appear

Postby no_ta » Sat Nov 16, 2013 9:55 pm

The charge isn't clear as it relates to separation distances of various items some of which isn't specified, however no one has ever taken a tape measure to check, (we have of course) and are within limits. Following the 17th visit in 9 months we did everything as discussed with them, really trivial things. However the problem runs quite deep as we have been dogged by them for nearly 20 years.

From what I can see from information off the net they have to lay particulars before the mag within 6 months of the offence or the complaint. Statute permits an extra 6 months, which still makes it time barred. I just want to prepare myself as much as possible for the first hearing. I have not replied to the LA notice nor entered a plea (which would be not guilty), as I need to see what they are going to do first otherwise it may seem that have contracted.
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