An expert group set up by the Scottish Executive has made the recommendation that a new offence of corporate homicide through recklessness should be introduced in Scotland. The proposals are such that organisations will be liable if they fail to instigate policies, practices and systems to protect the health and safety of there employees or others affected by their activities and this failure results in fatality. Under the proposals the courts would be able to impose a wide range of penalties, including imprisonment.
The expert group has also recommended that the new offence should cover fatal incidents occurring outside Scotland when the organisation is based in Scotland. Consideration has been give by the Expert Group on Corporate Homicide to the recently proposed Corporate Manslaughter Bill in England and Wales, however the group concluded that it would not be an appropriate model for Scotland given the different criminal law components of the offences in England and Scotland.