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.
This is a Member's bill
The Bill fell on 21 January 2021 at Stage 1
This Bill fell at Stage 1 of the process to decide if it should become an Act.
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:
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.
Culpable Homicide (Scotland) Bill as Introduced (294KB, pdf) posted 01 June 2020
Explanatory Notes (186KB, pdf) posted 01 June 2020
Policy Memorandum (250KB, pdf) posted 01 June 2020
Financial Memorandum (177KB, pdf) posted 01 June 2020
Delegated Powers Memorandum (156KB, pdf) posted 29 July 2020
Statements on legislative competence (94KB, pdf) posted 02 June 2020
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Bill was introduced on 1 June 2020
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Justice Committee. The lead committee considers and reports on the Bill.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
A Stage 1 debate took place on 21 January 2021 to consider and decide on the general principles of the Bill.
Result 26 for, 89 against, 0 abstained, 14 did not vote Vote Defeated
See further details of the motion
The Bill ended Stage 1 on 21 January 2021
The Bill fell at Stage 1 on 21 January 2021. There were 26 votes for, 89 against, and 0 abstentions.
If MSPs do not agree with what a Bill is trying to do, they can vote against it at the end of Stage 1 or at Stage 3. If a majority of MSPs vote against a Bill then it will not pass and it ‘falls’.
Bills can also fall if they have not completed Stage 3 by the end of a Parliamentary session. These Bills can be reintroduced in the next session and the process would begin again from the start.