Expert report backs jail terms for work killers

28/11/05

Unions have welcomed the report of an official expert committee convened by the Scotland's justice minister which has recommended jail terms for killer employers. The expert group set up by the Scottish Executive has recommended a new offence of corporate killing and ministers say they are now seriously considering the proposals. The report also suggested a lesser charge for those not directly involved in an accident but whose omissions played a significant part in it. The experts, including Patrick McGuire Partner of Thompsons recommended that a new offence of corporate killing through recklessness be put on the statue book. It would mean organisations whose actions or failings resulted in death could face prosecution and courts should have available a range of penalties, including imprisonment. It is possible for an organisation to be charged with culpable homicide in Scotland but the only prosecution of its kind - against Transco - was thrown out by the Appeal Court ( Risks 222 ). The expert group report said: 'There is significant public dissatisfaction in Scotland with the lack of prosecution against individuals.' Justice minister Cathy Jamieson said: 'The group has come forward with some innovative and radical proposals. The executive now needs to consider in detail the legal and practical issues surrounding those recommendations before we indicate the next steps.' TGWU regional secretary in Scotland, Mike Brider, welcomed the expert group report and said it presented a real opportunity 'to deliver real change for working people in Scotland, by bringing about effective legislation that will make Scottish workplaces much safer.' STUC deputy general secretary Grahame Smith said: 'We welcome the commitment shown by the minister and the executive on this sensitive issue and look forward to legislation that will result in safer workplaces throughout Scotland. The Scottish Executive and parliament now have an opportunity to take significant steps to make that a reality by adopting the recommendations of the expert group.'
Expert Report

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