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Culpable Homicide (Scotland) Bill

Overview

The Bill changes the law of culpable homicide in Scotland by creating two new offences. These are where the death of a person is caused recklessly or by gross negligence. Culpable homicide is the term used in Scots law for an offence of causing the death of another person without planning or intending to.  It is different to murder where there is criminal intention, and from causing death by an accident where no-one can be blamed.  These new offences in the Bill are in addition to the current law on culpable homicide. 

The Bill includes:

  • details of what is meant by the two new offences
  • how an individual and an organisation or business may be guilty of each offence
  • the penalties that a court can impose when someone is found guilty of the offences
  • how the new offences apply to the Crown (such as Ministers and employed officials in the Scottish and UK Governments)

You can find out more in the document prepared on behalf of Claire Baker MSP that explains the Bill.

Why the Bill was created

The aim of the Bill is to change the law on culpable homicide. It aims to make sure a person, business or organisation who causes a death can be found guilty of a suitable offence. 

The current law does not seem to be able to apply in the same way to organisations and businesses of different sizes. There have been very few cases of large businesses being prosecuted for culpable homicide where deaths have been caused by their actions. This is because it is hard to identify who in a large business controls the actions that lead to the death. 

The Bill aims to make it clear how people in a large organisation or business can be held responsible for a death. 

You can find out more in the document prepared on behalf of Claire Baker MSP that explains the Bill.

Where do laws come from?

The Scottish Parliament can make decisions about many things like:

  • agriculture and fisheries
  • education and training
  • environment
  • health and social services
  • housing
  • justice and policing
  • local government
  • some aspects of tax and social security

These are 'devolved matters'.

Laws that are decided by the Scottish Parliament come from:

Bill stage timeline

The Culpable Homicide (Scotland) Bill is currently at Introduced

Introduced

The Member in charge of the Bill, Claire Baker MSP sends the Bill and related documents to the Parliament.

Bill as introduced Culpable Homicide (Scotland) Bill

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