Full legislation
s.10
Use of approved codes of practice in criminal proceedings
(1) A failure on the part of any person to observe any provision of an approved code of practice shall not of itself render him liable to any civil or criminal proceedings but where in any criminal proceedings a party is alleged to have committed an offence by reason of a contravention of a requirement under this Ordinance, being a requirement for which there was an approved code of practice at the time of the alleged contravention, subsection (2) shall have effect with respect to such code in relation to those proceedings. (2) Any provision of a code of practice which appears to a magistrate or court to be relevant to a requirement under this Ordinance alleged to have been contravened shall be admissible in evidence in the criminal proceedings concerned and if it is proved that there was at any material time a failure to observe any provision of the code which appears to the magistrate or court to be relevant to any matter which it is necessary for the prosecution to prove in order to establish a contravention of such requirement, that matter shall be taken as proved unless the magistrate or court is satisfied that such requirement was in respect of that matter complied with otherwise than by way of observance of that provision. (3) In any criminal proceedings, a code of practice which appears to a magistrate or court to be the subject of a notice under section 9(2) shall be taken to be the subject of such notice unless the contrary is proved.