Transco plc v HM Advocate
| Transco plc v Her Majesty's Advocate | |
|---|---|
 Larkhall, where Transco's gas explosion killed four people | |
| Court | Court of Criminal Appeal |
| Decided | 3 June 2003 |
| Citation | [2003] ScotHC HCJAC 67, 2004 SLT 41, 2004 SCCR 1, 2004 JC 29 |
| Court membership | |
| Judges sitting | Lord MacLean, Lord Osborne, Lord Hamilton |
| Keywords | |
| Mens rea, Corporate criminal liability | |
Transco plc v Her Majesty's Advocate 2003 HCJAC 67 is a Scots criminal law case that involved the first Scottish prosecution of a public limited company for culpable homicide.[1][2] The decision is considered significant in Scots law on corporate criminal liability.[2]
Background
[edit]Transco was a public gas utility company, part of the National Grid plc. On 22 December 1999, a gas explosion at a family home in Larkhall resulted in deaths of four people, Andrew and Janette Findlay, and their children Stacey and Daryl.[3][4] Transco was responsible for providing a gas connection to the Findlay house.[5] Police officers in the area had noticed a strong smell of gas, and informed Transco of a possible gas leak. By the time the area was sealed off, an explosion occurred, damaging five houses in the area, including the Findlay bungalow.[5]
The Health and Safety Executive investigated the explosion,[6] and subsequently fined Transco £15 million.[3][5][7] Transco was also investigated by the Procurator Fiscal, Hamilton for a possible culpable homicide charge in relation to the Findlay deaths.[3]
Court proceedings
[edit]In 2003, the Lord Advocate Colin Boyd charged Transco with culpable homicide and in the alternate, contravening sections 3 and 33(1) of the Health and Safety at Work etc. Act 1974.[3] Transco challenged the culpable homicide charge on the grounds of competence and relevance. A single judge refused the challenge and Transco appealed the decision before the High Court of Justiciary, Appeal Court.[8] Transco maintained that the charge was incompetent and irrelevant: "incompetent" because, under Scots law, a legal person could not be convicted of homicide, and "irrelevant" because, even if the charge was competent and the prosecutor proved their allegations, it would not amount to culpable homicide by Transco.[9]
A three-judge bench of the Appeal Court was unanimous in their decisions. They held that it was competent for the prosecutor to charge a company with culpable homicide. However, the Court held that the way by which the prosecutor had tried to establish mens rea on the part of Transco was incorrect and that had made the charge irrelevant.[10] Lord Hamilton and Lord Osborne gave concurring decisions. Lord MacLean did not deliver a decision, but concurred with Lord Hamilton's decision.[11]
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 Homicide Act 2007.
References
[edit]- ^ Aisha Anwar (6 September 2007). "Killing in company". the Journal online. The Law Society of Scotland. Retrieved 19 November 2008.
- ^ a b Chalmers, J. (2004) ‘Corporate Culpable Homicide: Transco plc v H M Advocate’, The Edinburgh law review, 8(2)
- ^ a b c d "Transco charged over gas blast deaths". BBC News Scotland. 5 February 2003. Archived from the original on 25 February 2004. Retrieved 1 August 2024.
- ^ Shiels, R. (2004) ‘Common Law Crime: Liability of Non-Natural Person’, Journal of criminal law (Hertford), 68(2), pp. 118–121.
- ^ a b c Owen Bowcott (25 August 2005). "Transco fined £15m for gas pipe error that killed family". The Guardian. Archived from the original on 16 January 2022. Retrieved 1 August 2024.
- ^ Felicity Lawrence (18 June 2001). "Police investigate Transco records as part of fatal gas blast inquiry". The Guardian. Archived from the original on 10 May 2014. Retrieved 1 August 2024.
- ^ "Transco fined £15m for killer gas blast". The Scotsman. Retrieved 16 January 2022.
- ^ Transco plc v HM Advocate, 2003 HCJAC 67, para 29 (High Court of Justiciary 3 June 2003).
- ^ Transco plc v HM Advocate, 2003 HCJAC 67, para 31 (High Court of Justiciary 3 June 2003).
- ^ Transco plc v HM Advocate, 2003 HCJAC 67, paras 21 and 26 (High Court of Justiciary 3 June 2003).
- ^ Transco plc v HM Advocate, 2003 HCJAC 67, para 1 (High Court of Justiciary 3 June 2003).
Further reading
[edit]- James Chalmers (2004). "Corporate Culpable Homicide: Transco plc v H M Advocate" (PDF). Edinburgh Law Review. 8 (Sep 2008): 262–266. doi:10.3366/elr.2004.8.2.262.
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