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#1 Posted : 14 April 2001 17:21:00(UTC)
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Posted By Bob Atkinson
Are there any plans to introduce changes to the law of involuntary manslaughter north of the border in Scotland, similar to those being considered in England?
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#2 Posted : 15 April 2001 11:57:00(UTC)
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Posted By Peter Harvey
Bob,

I understand that the Government plan to reform the law on involuntary manslaughter and introduce the offences of Corporate Killing, Reckless Killing, and Killing by Gross Carelessness. Surely the only difference in Scotland will be who investigates and prosecutes the new offences.
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#3 Posted : 16 April 2001 08:08:00(UTC)
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Posted By Bob Atkinson
Peter

According to the consultation document the changes will only apply to England and Wales. The Scottish assembly will have to make their own changes

Bob
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#4 Posted : 16 April 2001 13:01:00(UTC)
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Posted By Richard
I am not a lawyer, just someone who works on Easter Monday!

I believe the relevant offence in Scotland is Culpable Homicide. I do not know of any plans to change it. My own impression, as a pure layman, is that this law could and would be used in Corporate Manslaughter cases.

Incidentally, it is also my impression, again as a pure layman, that H&S law is a bit more strict up here, the appeals system in particular often coming down on the side of the employee

Richard
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#5 Posted : 17 May 2001 22:19:00(UTC)
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Posted By Rachelle Smith
Totally mirror Peter Harveys thoughts. I am studying this area of law currently. As the course is a MA and fitting in with busy job not able to remember the source, but it was without doubt authoritative and it said that the Scottish Assembly or sim had agreed to wholeheartedly apply the same as England and Wales. But a leading Barrister associate friend of mine informed me that the ramifications of liability will be far reaching, those who have HQ overseas and simply have a branch in Eng/Wales who might think that distance will allow them to escape liability, think again. After the Heathrow tunnel collapse failing to bring the subbie to bear in UK and pay up, cages were rattled. It was great to see that Prescott was bringing in a new safety act and that this had been drafted, received Royal Assent last Dec, all of a sudden the new legislation that we desperately need seems to be on the back boiler, goodbye job satisfaction...for a while, not too long I hope. In short, yes its coming yr way.
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