The case of Transco Plc v HMA (No. 1) [2004] S.L.T. 41 was the first ever prosecution for culpable homicide in Scotland[1] with regards to a public limited company.[2] The decision is seen as significant in UK corporate manslaughter law and in particular in Scots law, as there are very few cases which address the criminal liability of corporations under Scots law.[2]
In the case, a public gas transporter was charged with breaking the Health and Safety at Work etc. Act 1974 s.3 and s.33(1) in respect to a gas explosion, which resulted in the death of four people on 22 December 1999 in Larkhall.[3] It was held that Transco had "shown a complete and utter disregard for the public," The court ruled that it was possible to prosecute for culpable homicide; However, it is possible to convict of culpable homicide only if the court could identify an individual or group of individuals being a directing mind in the company; therefore, the charges of culpable homicide were irrelevant and subsequently dismissed. The company was later prosecuted on the charge of health and safety and fined £15m.[4][5][6]
This case, along with others of this type paved the way for major legislative changes. This is area is now governed by the Corporate Manslaughter and Corporate Homicide Act 2007.
References
- ^ Aisha Anwar (6 September 2007). "Killing in company". the Journal online. The Law Society of Scotland. Retrieved 19 November 2008.
- ^ a b Chalmers, J. (2004) ‘Corporate Culpable Homicide: Transco plc v H M Advocate’, The Edinburgh law review, 8(2)
- ^ Shiels, R. (2004) ‘Common Law Crime: Liability of Non-Natural Person’, Journal of criminal law (Hertford), 68(2), pp. 118–121.
- ^ "Transco fined £15m for gas pipe error that killed family". The Guardian. Retrieved 16 January 2022.
- ^ "Transco fined £15m for gas blast". BBC News. Retrieved 16 January 2022.
- ^ "Transco fined £15m for killer gas blast". The Scotsman. Retrieved 16 January 2022.
Further reading
- James Chalmers (2004). "Corporate Culpable Homicide: Transco plc v H M Advocate" (PDF). Edinburgh Law Review. 8 (Sep 2008): 262–266. doi:10.3366/elr.2004.8.2.262.
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This page was last edited on 4 February 2024, at 17:48