Culpable homicide Bill
[ch 3: page 59]In Scotland, there has not been a single charge under the CMCHA 2007, never mind a conviction. Labour MSP for Mid Scotland and Fife Claire Baker now has cross-party support for her culpable homicide Bill which aims to “plug the justice deficit”. She explains that if a medium-sized or larger company causes a death, it “remains extremely difficult (and many experts would say practically impossible)” for the Crown Office and Procurator Fiscal Service to secure a conviction of corporate culpable homicide. This is “even in circumstances where there was recklessness or gross negligence on the part of individuals operating in fairly senior positions within the company”.
She says the CMCHA 2007 “has failed entirely” to create one clear set of rules that apply to all wrongdoers, individuals and organisations alike.
Details of the Bill can be found on the Scottish Parliament website.
Scottish Parliament, Proposed Culpable Homicide (Scotland) Bill (https://www.parliament.scot/parliamentarybusiness/Bills/110169.aspx)