Merchant Shipping Act 2010


Use of codes of practice in criminal proceedings.

70.— (1) Where in proceedings for an offence under section 68(15) relating to any alleged contravention of any requirement or prohibition imposed under reduced mobility regulations, being a provision for which there is a code of practice published at the time of the alleged contravention, subsection (2) has effect with respect to that code of practice in relation to those proceedings.

(2) (a) Where a code of practice referred to in subsection (1) appears to the court to give practical guidance as to the observance of the requirement or prohibition alleged to have been contravened, the code of practice is admissible in evidence.

(b) Where it is proved that any act or omission of the defendant alleged to constitute the contravention—

(i) is a failure to observe a code of practice referred to in subsection (1), or

(ii) is a compliance with that code of practice,

then such failure or compliance is admissible in evidence.

(3) A copy of a code of practice, which has endorsed on it a certificate purporting to be signed by an officer of the Department (authorised in that behalf by the Secretary General) stating that the copy is a true copy of the code may, without proof of signature of that officer, be produced in every court and in all legal proceedings and is evidence, unless the contrary is shown, of the code.