Culpable Homicide (Scotland) Bill

On 1st June I introduced the Culpable Homicide (Scotland) Bill to the Scottish  Parliament.

The aim of the Bill is to amend the law of culpable homicide to ensure that where loss of life is caused by the recklessness or gross negligence of individuals, companies or organisations that, where proved, the wrongdoer can be convicted of the offence that reflects the appropriate seriousness and moral opprobrium, the sheer unacceptability to society, of what occurred.

As current law on culpable homicide stands, it is necessary to identify the controlling mind of an organisation to successfully prosecute. While this is possible in smaller organisations, it is practically very difficult to do so in larger organisations with layers of management. This means current law is not able to be applied to all sizes of organisation in the same way. The Bill seeks to remedy this by ensuring the law can be applied to all sizes of organisation and company as it is to individuals.

Click here to view the Bill as it was introduced and related documents.

The Bill is currently at Stage 1, where it is examined by Scottish Parliament Committees. The Justice Committee is lead Committee for the Bill.

The Justice Committee heard evidence on the Bill in October 2020 and published its Stage 1 Report on 13th November.

Consultation on Culpable Homicide (Scotland) Bill

A consultation on the proposal for the Bill took place in 2018/19, responses can be found below.

THIS CONSULTATION IS NOW CLOSED

I have launched a Private Member’s Bill at the Scottish Parliament seeking to amend the law of culpable homicide.

The aim of my proposed Culpable Homicide (Scotland) Bill is to ensure that where loss of life is caused by the recklessness or gross negligence of individuals, companies or organisations that, where proved, the wrongdoer can be convicted of the offence that reflects the appropriate seriousness and moral opprobrium of what occurred.

You can find out more about the proposed Culpable Homicide (Scotland) Bill at https://www.parliament.scot/parliamentarybusiness/Bills/110169.aspx

Consultation Responses

1. Paterson, R

2. Anonymous

3. Anonymous

4. Brown, L

5. Dundee Trades Union Council

6. Paterson, L

7. Macartney, S

8. Anonymous

9. Tasker, J

10. Tasker, I

11. McKenzie, D

12. Flynn, L

13. Drummond, H

14. Sloan, J

15. Kilmarnock and Loudon Trades Union Council

16. Ner, S

17. Breslin, T

18. Asbestos Action

19. Asbestos Action Tayside

20. Cawley, E

21. Law Society of Scotland

22. Members of British Transport Police

23. General Medical Council

24. Hazards Campaign and Families Against Corporate Killers

25. Unite Not For Profit Branch

26. Royal Environmental Health Institute of Scotland

27. GMB Scotland

28. Gallagher, J, Smith, C, Cormack, I

29. UNISON Glasgow City Branch

30. UNISON Scotland

31. Unite Scotland

32. TUC Health & Safety Course Reps

34. Unite the Union West Dunbartonshire Branch

35. Elaine Smith MSP

36. Mooney, P

37. ASLEF

38. Ritchie, C

39. Davison, I

40. Stevens, K

41. Burns, A

42. Dorrian, J

43. Capstick, L

44. Sheridan, M

45. McKeown, M

46. Nisbet, N

47. Jenkins, K

48. Taggart, L

49. Cycling Scotland

50. Woods, D

51. GMB Glasgow General Apex Branch

52. Hood, G, Peters, D, Rossi, C

53. Miller, J

54. Deans, J

55. Thomson, K

56. MDDUS

58. Woods McKeown, N

59. BLM

60. Scottish Hazards

61. Scottish Courts and Tribunals Service

62. STUC

63. Boyle, T

64. UNISON NHS24 Branch

65. Hill, T

66. Sinclair, A

67. Stuart, P

68. Williams, A

69. Williams, A

70. Williams, L

71. Stuart, C

72. McDonald, J

73. Anderson J

74. Crown, N

75. Wilmott, E

76. Byrne, S

77. Turner, E

78. Taggart, M

80. Adamson, R & P