Corporate Manslaughter and Corporate Homicide Act 2007 (R010476)
Thank you for your e-mail of 1 June 2015 under the Freedom of Information (Scotland) Act 2002 (FOISA) in which you seek the following information:
“The number of prosecutions taken by your organisation in terms of the Corporate Manslaughter and Corporate Homicide Act 2007 since its introduction. The decision in each case and the penalties imposed. The name of defendants in chronological order”
No prosecutions have been raised by COPFS under the Corporate Manslaughter and Corporate Homicide Act 2007 since its introduction.
Corporate Homicide has been considered in a number of investigations but having carefully considered the evidence available in each case, Crown Counsel decided that there was insufficient evidence to prove such an offence. Crown Counsel are the senior, independent lawyers who act on behalf of the Lord Advocate in the most serious cases. However, such a decision does not prevent criminal proceedings being taken in relation to other offences, such as breaches of Health and Safety legislation, where there is sufficient evidence to do so.