Chamber and committees

On 22 December 1999 in Larkhall, Lanarkshire an explosion destroyed the dwellinghouse at No. 42 Carlyle Road. All four occupants of that dwellinghouse, including two children, were killed. Criminal proceedings were taken against Transco PLC in relation to the explosion on 22 December and the deaths of the four individuals, with the company being charged, in the first alternative, with the common law offence of culpable homicide and, in the second alternative, a contravention of sections 3 and 33(1) of the Health and Safety at Work Act 1974. Prosecution on the culpable homicide charge was unsuccessful. The trial proceeded on the charge under sections 3 and 33(1) of the Health and Safety at Work Act 1974 and the jury unanimously found the company guilty of that offence on 25 August 2005. A fine of £15 million was imposed.

The Corporate Manslaughter and Corporate Homicide Act 2007 created a new offence of corporate homicide in Scotland.

COPFS Health and Safety Investigation Unit leads the investigation and prosecution of all work-related deaths and all health and safety cases across Scotland. It provides advice, support and direction to investigators from Police Scotland, the Health and Safety Executive (HSE), Local Authorities and other regulatory agencies from the very earliest stages of an investigation.

Every fatality at a place of employment or fatality that occurs as a result of a work-related activity in Scotland is investigated as a potential corporate homicide. The very nature of this category of case means that detailed and lengthy investigation, often involving technical and medical issues and expert opinion, may be required. The Work Related Death Protocol for Scotland – which has been signed by COPFS, Police Scotland (ACPOS), British Transport Police and HSE - ensures that when a work-related death occurs, a thorough, co-ordinated and multi-agency investigation takes place allowing all possible offences to be considered.

Once reported each case is carefully considered by lawyers within the COPFS Health & Safety Investigation Unit and turns on its own facts and circumstances. Corporate homicide is considered in every work-related death reported for prosecution, and lines of investigation in connection with corporate homicide are explored regardless of whether or not such a charge was reported in connection with the death.

Since 2008 16 cases have been reported to the Crown in respect of corporate homicide as well as other charges. Of those cases two remain under consideration by the Crown. Two cases, reported in 2011 and 2016, were marked for no proceedings. In the remaining cases all have resulted in guilty convictions in a solemn court. Whilst there have been no prosecutions under the Corporate Manslaughter and Corporate Homicide Act 2007 the cases have resulted in guilty pleas to breaches of either section 2 or section 3 of the Health and Safety at Work Act 1974 or maritime health and safety legislation. The Court has the same sentencing powers available to them for these offences as for the offence of corporate homicide. The fines issued in these cases range from £4,000 to £234,000.

Possible reform to homicide law is currently being considered by the Scottish Law Commission. In paragraph 1.27 of the Scottish Law Commission's Homicide Project Discussion paper , it is indicated corporate homicide is one of a number of topics that the Commission will not be considering as part of their project. As paragraph 1.27 and associated footnotes indicates, this is because a Members' Bill was presented to the Scottish Parliament in 2020 in this area of law and the Presiding Officer of the Scottish Parliament made a statement that the Bill was not within the legislative competence of the Parliament.

Within this context, the Scottish Government is not considering any potential reforms to corporate criminal liability with responsibility for any such reform falling to the UK Government.

The Scottish Law Commission is currently undertaking a project to consider homicide law reform. The Scottish Law Commission's homicide law project has been continued into their 11th Programme of Law Reform. In 2021, the Commission published their discussion paper on this subject. Scottish Government officials have recently engaged with the Scottish Law Commission who advise they hope to be in a position to publish their final report during 2024. The Scottish Government will consider carefully their final report and recommendations carefully when published.

The latest available information on convictions is for the financial year 2021-22 and is provided in the following table.

People prosecuted for TV Licence evasion, by gender, where main charge, 2017-18 to 2021-22*.

The Scottish Government does not hold the information requested. The data we receive from Police Scotland’s Criminal History System for production of the Criminal Proceedings in Scotland National Statistics bulletin includes a prosecuted person’s age and sex, but not their profession or details of the context of their case, aside from the main charge, any aggravation(s), the verdict and (if convicted) the sentence given.

Scottish Government guidance is reviewed and updated regularly to ensure that information for the public and workplaces aligns to current policy. Policy is driven by the latest data, evidence and expert advice and is reflected in the communication of guidance. Throughout the pandemic public health advice on a range of complementary protective measures has been provided. When restrictions were in place (up to April 2022) advice was in place through guidance to support understanding and adherence of restrictions. Since the lifting of restrictions, guidance offers practical, risk-based advice on how to build infection resilience to respiratory infections including COVID-19, for individuals and workplaces. Any change in response will be driven by the data and evidence gathered, as well as expert advice.

Scottish Government guidance is reviewed and updated regularly to ensure that information for the public and workplaces aligns to current policy. Policy is driven by the latest data, evidence and expert advice and is reflected in the communication of guidance. Throughout the pandemic public health advice on a range of complementary protective measures - including good hand hygiene, physical distancing, social mixing and improved ventilation – has been consistently deployed in response to the stage of the pandemic, to reduce risk from all transmission routes and support infection resilience to COVID-19.

The Scottish Government is continuing the phased implementation of the Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019. A presumption in favour of pre-recording the evidence of child witnesses in cases which involve specified offences is already in place in the High Court, unless specific exceptions apply. We remain committed to extending this presumption to children giving evidence in relevant cases in the sheriff courts and will publish a revised Implementation Plan by the end of March.

We continue to support national rollout of the new Scottish Child Interview Model for Joint Investigative Interviews with over £2 million funding and have committed further support through the Bairns’ Hoose Pathfinder Phase. The model aims to secure a child’s best evidence at the earliest opportunity, while minimising retraumatisation. We have commissioned an independent evaluation of the model and its expected outcomes. It is anticipated that the model will be available across Scotland by the end of 2024.

I refer the member to the answer to question S6W-22760 on 14 November 2023. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

The information requested is not held centrally by the Scottish Government. This is a matter for individual health boards who are responsible for providing healthcare in prisons and police custody suites.

The Action 15 commitment was intended to provide additional mental health recruitment to support A&E, police station custody suites, GP practices and prisons. Decisions on where posts were located were for Health Boards, based on their local priorities.