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 by Claire Baker MSP that explains the Bill.
The Member in charge of the Bill, Claire Baker MSP sends the Bill and related documents to the Parliament.
Related information on the Bill
Why the Bill is being proposed (Policy Memorandum)
Explanation of the Bill (Explanatory Notes)
How much the Bill is likely to cost (Financial Memorandum)
Opinions on whether the Parliament has the power to make the law (Statements on Legislative Competence)
Information on the powers the Bill gives the Scottish Government and others (Delegated Powers Memorandum)
Stage 1 - General principles
Committees examine the Bill. Then MSPs vote on whether it should continue to Stage 2.
Who examined the Bill
Each Bill is examined by a 'lead committee'. This is the committee that has the subject of the Bill in its remit.
It looks at everything to do with the Bill.
Other committees may look at certain parts of the Bill if it covers subjects they deal with.
What is secondary legislation?
Secondary legislation is sometimes called 'subordinate' or 'delegated' legislation. It can be used to:
- bring a section or sections of a law that’s already been passed, into force
- give details of how a law will be applied
- make changes to the law without a new Act having to be passed
An Act is a Bill that’s been approved by Parliament and given Royal Assent (formally approved).