In Porter the Court of Appeal has refined the test of the meaning of «risk», that is the trigger point of the Health and Safety
offences under ss 2, 3, 7 and 37 etc..
● The definition of the «responsible person» is at s 5 (3), «(a) any person (other than A) connected with, or employed by, C whose functions at the time of the bribe included preventing persons such as A from committing
offences under ss 1 or 4 in connection with C's business or (b) if there is no such person with such a function, any senior officer of C».
Not exact matches
Prior to these amendments, the criminal court could only make a restraining order
under PHA 1997 where a defendant was convicted of an
offence under PHA 1997,
ss 2 or 4.
[1] Abella J. — The issue in this appeal is how to apply the forfeiture provisions for
offence - related real property
under ss.
ENFORCEMENT POWERS:
SS 22 - 31 • Sections 22 — 23 introduce an
offence of assaulting an immigration officer together with a corresponding set of penalties, and a range of powers including a power of arrest and powers of entry search and seizure; • Sections 24 — 26 expand the power of immigration officers so that they replicate existing police powers and arrangements
under the Proceeds of Crime Act 2002.
In a case where a count on an indictment spans the commencement date, the court should not impose any penalty
under ss 224 to 229 unless it is satisfied that at least one relevant
offence was committed after the commencement date.