Mines and Quarries Act 1954

163 Prosecution of offences

(1) Any offence under this Act with respect to the trial of which no express provision is made by this Act may be tried either summarily or upon indictment.

(2) A magistrates' court shall, in any proceedings for an offence under this Act, if required by either party, cause a note of the evidence to be taken and preserved.

(3) Where, in consequence of an accident or other occurrence at a mine or quarry, a special report is made in pursuance of this Act by an inspector, a report is made by a person appointed under this Act to hold a public inquiry or a coroner's inquest is held, and it appears from the report or from the proceedings at the inquest that, at or before the time of the accident or other occurrence, there was a contravention, in relation to the mine or quarry, of—

(a) a provision of this Act, of an order made thereunder or of regulations; or

(b) a direction, prohibition, restriction or requirement given or imposed by a notice served under or by virtue of this Act by an inspector; or

(c) a condition attached to an exemption, consent, approval or authority granted or given under or by virtue of this Act by the Minister or an inspector ;

summary proceedings against any person liable to be proceeded against in respect of the contravention may be commenced at any time within three months after the making of the report or the conclusion of the inquest.

(4) Summary proceedings against any person liable to be proceeded against in respect of a contravention of provisions of regulations having effect by virtue of subsection (1) of section seventeen or subsection (1) of section twenty of this Act may be commenced at any time within three months from the date on which evidence sufficient in the opinion of the Minister to justify a prosecution for the contravention comes to the knowledge of the Minister.

For the purposes of this subsection, a certificate of the Minister as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence thereof.

(5) Where an offence is committed under this Act by reason of a failure to give a notice, enter a report or do any other thing at or within a time specified by this Act, an order made thereunder, regulations or a notice served under or by virtue of this Act by an inspector, the offence shall be deemed to continue until the notice is given, the report entered or the other thing done, as the case may be.

(6) In the application of this section to Scotland, for any reference to a coroner's inquest there shall be substituted a reference to an inquiry under the Fatal Accidents Inquiry (Scotland) Act, 1895, and for any reference to evidence sufficient to justify a prosecution there shall be substituted a reference to evidence sufficient to justify a report to the Lord Advocate with a view to consideration of the question of prosecution.