Introduction to Fire Safety Management

15.3.20 Section 
34
This section extends the time for bringing summary pro-
ceedings, e.g. following delays for relevant inquiries or 
inquests.
15.3.21 Section 
35
This section enables the location of plant or substances 
involving a breach of relevant statutory provisions to be 
regarded as the location of the breach for the purposes 
of enforcement.
15.3.22 Section 
36
Where an offence committed by one person is due to the 
act or default of another person, this section enables the 
enforcing authority to initiate criminal proceedings against 
the other person for the offence regardless of whether any 
proceedings are taken against the fi rst person.
15.3.23 Section 
37
Where an offence committed by a body corporate is 
committed with the consent or connivance or is attrib-
utable to the neglect of any director, manager or simi-
lar offi cer of the body corporate, this section enables 
the enforcing authority to initiate criminal proceedings 
against both the corporate body and the individual per-
son for the offence.
15.3.24 Sections 38 and 39
Under these sections the power to initiate criminal pro-
ceedings for summary trial in England and Wales is 

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Summary of key legal requirements
349
restricted to appointed inspectors, the Director of Pubic 
Prosecutions (DPP) or other persons with the consent of 
the DPP.
In Scotland, cases are initiated by the Procurator 
Fiscal.
15.3.25 Section 
40
This section places the onus of proving that the stand-
ard of reasonable practicability was achieved on the 
accused. In discharging this onus of proof, the accused 
must prove their case on the balance of probabilities.