Date argued 2005 | ||
The case of Transco Plc v HMA (2005) S.L.T. 211 was the first ever prosecution for culpable homicide in Scotland with regards to a public limited company.
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. 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.
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 Killing Act 2007.