Onus of proving limits of what is practicable or reasonably practicable

34. In any proceedings for an offence under this Order consisting of a failure to comply with a duty or requirement so far as is practicable or so far as is reasonably practicable, it is for the accused to prove that it was not practicable or reasonably practicable to do more than was in fact done to satisfy the duty or requirement.

 

What the Guidance says:

 

Article 34 provides that in any proceedings for an offence under the Order consisting of
a failure to comply with a duty or requirement, so far as is reasonably practicable, it is
for the accused to prove that it was not reasonably practicable to do more than was in
fact done to satisfy the duty or requirement.
What this means in practice is a change from previous fire law. The effect is that it is for
the responsible person to prove what he has done is sufficient in the circumstances.
Under previous laws, such as the Fire Precautions Act 1971, the enforcing authority had
to prove that it was not sufficient.