CHAPTER II — GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY
PART 8 — CORPORATE CRIMINAL RESPONSIBILITY
Mistake of fact (strict liability)
55.— (1) A body corporate can only rely on section 35 (mistake of fact (strict liability)) in respect of conduct that would, apart from this section, constitute an offence on its part if—
(a) the employee, agent or officer of the body corporate who carried out the conduct was under a mistaken but reasonable belief about facts that, had they existed, would have meant that the conduct would not have constituted an offence ; and
(b) the body corporate proves that it exercised due diligence to prevent the conduct.
(2) A failure to exercise due diligence may be evidenced by the fact that the prohibited conduct was substantially attributable to —
(a) inadequate corporate management, control or supervision of the conduct of one or more of its employees, agents or officers ; or
(b) failure to provide adequate systems for conveying relevant information to relevant persons in the body corporate.
Mistake of fact - national proceedings
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