Maritime Safety Act 2005

Use of codes of practice in criminal proceedings.

36

36.—(1) Where a code of practice has been published and there are any proceedings for an offence under the Merchant Shipping Acts 1894 to 2005 and—

( a) the code of practice appears to the court to give practical guidance to F5 [ any of the matters referred to in section 35 (1) ] or the observance of the requirement or prohibition alleged to have been contravened, the code is admissible in evidence, or

( b) where it is shown that any act or omission of the defendant alleged to constitute the offence—

(i) is a failure to observe a code of practice, or

(ii) is a compliance with that code,

then such failure or compliance is admissible in evidence.

(2) A document published by the Department and purporting to be a code of practice or a part of a code of practice or any amendment to a code of practice is admissible as evidence in any proceedings referred to in subsection (1).