Criminal liability of partnerships

The Scottish Law Commission has published its Report on the Criminal Liability of Partnerships.

A failed prosecution following the fatal fire at the Rosepark nursing home in 2004 highlighted a problem with the law: a partnership could not be prosecuted once it had been dissolved. The Commission's report addresses this problem and recommends that it should remain competent to prosecute a partnership during a period of five years following its dissolution.

The Report also includes a draft Bill which would give effect to its recommendations.

Patrick Layden QC, who was the lead Commissioner on this project, said:

"The Commission's Report recommends a simple targeted solution to the problem thrown up by the Rosepark fire. While we would very much prefer to deal with this matter as part of the comprehensive reform of partnership law which we (and the English Law Commission) have recommended, these limited provisions will address the dissolution issue pending general reform."

The report and draft Bill can be downloaded here.