Section 38 Vicarious liability for certain offences by employees and agentsI1

(1)

Subsection (2) applies where a person (“A”) commits a relevant offence while acting as the employee or agent of another person (“B”).

(2)

B also commits the relevant offence and is liable to be proceeded against and punished accordingly.

(3)

Where B is charged with a relevant offence by virtue of subsection (2), it is a defence for B to show—

(a)

that B did not know that the relevant offence was being committed by A,

(b)

that no reasonable person could have suspected that the relevant offence was being committed by A, and

(c)

that B took all reasonable precautions and exercised all due diligence to prevent the offence being committed.

(4)

Proceedings may be taken against B in respect of the relevant offence whether or not proceedings are also taken against A in respect of that offence.

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