§ 318 — Use of code of practice in proceedings

318.—(1) A code of practice is admissible in evidence in any proceedings under this Act where —

(a)

a person is alleged to have committed an offence under this Act —(i)

by reason of a contravention of any provision of this Act; or

(ii)

by reason of a failure to discharge or perform a duty or other requirement imposed by this Act; and

(b)

the matter to which the alleged contravention or failure relates is one to which, in the opinion of the court in the criminal proceedings, a code of practice relates.

(2) In criminal proceedings referred to in subsection (1), evidence that —

(a)

a person has complied with a provision in a code of practice found by the court to be relevant to a matter to which a contravention or failure alleged in the proceedings relates; or

(b)

a person has contravened or failed to comply with, whether by act or omission, any such provision so found,

may be relied on by any party to those proceedings as tending to establish or negate any liability which is in question in those proceedings.

—(1) A code of practice is admissible in evidence in any proceedings under this Act where —

(a)

a person is alleged to have committed an offence under this Act —(i)

by reason of a contravention of any provision of this Act; or

(ii)

by reason of a failure to discharge or perform a duty or other requirement imposed by this Act; and

(b)

the matter to which the alleged contravention or failure relates is one to which, in the opinion of the court in the criminal proceedings, a code of practice relates.

(2) In criminal proceedings referred to in subsection (1), evidence that —

(a)

a person has complied with a provision in a code of practice found by the court to be relevant to a matter to which a contravention or failure alleged in the proceedings relates; or

(b)

a person has contravened or failed to comply with, whether by act or omission, any such provision so found,

may be relied on by any party to those proceedings as tending to establish or negate any liability which is in question in those proceedings.