[2010] EWHC 288 (Admin)

Where a company had been charged with permitting an employed driver to fail without reasonable excuse to make a record or entry in his tachographs, a magistrates' court had erred by improperly excluding evidence pertaining to the period before that giving rise to the charges that went towards showing the employer's systematic failure to perform its duty to act. It was not bad character evidence within the meaning of the Criminal Justice Act 2003.

DC (Sullivan LJ, Lloyd Jones J)

19/01/2010

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