Transco Plc v HM Advocate
Encyclopedia
Transco Plc v HM Advocate [2004] S.L.T. 995 is a Scottish
company law case and was a decision from the High Court of Justiciary
. It was the first ever attempted prosecution of a company for culpable homicide
under Scots law
. The case involved a gas explosion in Larkhall
, South Lanarkshire, which killed a family. The gas supply company Transco
were subsequently charged with culpable homicide, along with a second alternative charge of breaching health and safety legislation.
crime if the prosecution could identify a controlling mind or group within the company – thus the "identification doctrine" was created. The doctrine said that it would only be possible to convict a company if a person or group of persons could be identifiable as controlling the acts of the company, such that their acts/state of mind is that of the company, thus constituting the guilt. This identification doctrine could not be found in this case and so the charge was irrelevant. Transco were prosecuted under the health and safety legislation and fined £15million. Transco v HM Advocate made Scottish legal history and gave definite guidance for when it is possible to prosecute a company.
Since the decision, the Corporate Manslaughter and Corporate Homicide Act 2007
has become law, defining the specific offence of corporate homicide.
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
company law case and was a decision from the High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
. It was the first ever attempted prosecution of a company for culpable homicide
Culpable homicide
Culpable homicide is a specific offence in various jurisdictions within the Commonwealth of Nations which involves the illegal killing of a person either with or without an intention to kill depending upon how a particular jurisdiction has defined the offence...
under Scots law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
. The case involved a gas explosion in Larkhall
Larkhall
Larkhall is a town in South Lanarkshire, Scotland and is around southeast of Glasgow. It is twinned with Seclin in northern France.Larkhall sits on high ground between the River Clyde to the East and the Avon Water to the West...
, South Lanarkshire, which killed a family. The gas supply company Transco
Transco
Transco may refer to:*National Grid plc, formerly known as National Grid Transco*National Transmission Corporation , Power grid operator of the Philippines*Transcontinental Pipeline, US natural gas company...
were subsequently charged with culpable homicide, along with a second alternative charge of breaching health and safety legislation.
Identification doctrine
The court said the company can be held liable for culpable homicide. However it is only possible to convict a company of this common lawCommon law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
crime if the prosecution could identify a controlling mind or group within the company – thus the "identification doctrine" was created. The doctrine said that it would only be possible to convict a company if a person or group of persons could be identifiable as controlling the acts of the company, such that their acts/state of mind is that of the company, thus constituting the guilt. This identification doctrine could not be found in this case and so the charge was irrelevant. Transco were prosecuted under the health and safety legislation and fined £15million. Transco v HM Advocate made Scottish legal history and gave definite guidance for when it is possible to prosecute a company.
Since the decision, the Corporate Manslaughter and Corporate Homicide Act 2007
Corporate Manslaughter and Corporate Homicide Act 2007
The Corporate Manslaughter and Corporate Homicide Act 2007 is an Act of the Parliament of the United Kingdom that seeks to broaden the law on corporate manslaughter in the United Kingdom...
has become law, defining the specific offence of corporate homicide.