A PROPOSAL by the Scottish Law Commission that it should be possible to prosecute partnerships which have been dissolved has been put forward following the end of the Rosepark Fatal Accident Inquiry.
The Commission, which aims to promote law reform in Scotland, also asks whether it should be made easier to prosecute individual partners for offences committed by a partnership.
The Crown had previously attempted to prosecute the partnership that ran Rosepark nursing home before the fatal fire in 2004 for health and safety offences.
The High Court held that since the partnership had been dissolved, it no longer had any legal existence and could not be prosecuted.
In its discussion paper on criminal liability of partnerships, published last week, the Scottish Law Commission considers ways of preventing the prosecution of a partnership from being frustrated by its dissolution.
It also examines the circumstances in which individual partners may be held criminally liable for offences committed by a partnership, and asks whether legislation should be introduced to make it easier to prosecute partners as individuals.
For full story, see this week’s Times & Speaker, dated Thursday, June 2.