In Carmichael v Marks & Spencer plc S.C.C.R. 781 High Court of Justiciary (Appeal), a criminal prosecution under the Management of Health and Safety at Work Regulations 1992, regulation 3, the High Court held that it would be open to the prosecution to prove either that no risk assessment whatever had been made or that an assessment had been made that was not suitable and sufficient. The defendants were entitled to be told the essential features of the prosecution case and in particular upon what basis the prosecution was contending that there had been a contravention of regulation 3.
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