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Bills/Culpable Homicide (Scotland) Bill

SP Bill 75

Culpable Homicide (Scotland) Bill

Full BillStage 1
Type: Member's
Claire

Scottish Labour

# Culpable Homicide (Scotland) Bill The Scottish legal system's treatment of culpable homicide—the most serious form of unlawful killing that falls short of murder—prompted this member's bill. Culpable homicide encompasses a wide range of circumstances, from minor negligence resulting in death to reckless behaviour approaching murder in severity. The absence of sentencing guidelines specific to this offence meant that sentences varied considerably across cases, raising concerns about consistency and fairness in the justice system. This bill sought to address that inconsistency by establishing a clearer framework for how culpable homicide cases should be approached and sentenced. The bill's primary mechanism was to require the Scottish Sentencing Council to develop and publish definitive sentencing guidelines for culpable homicide. These guidelines would provide judges with structured guidance on aggravating and mitigating factors, helping to ensure more proportionate and consistent sentencing across different cases. By establishing this framework, the legislation aimed to bring greater clarity and predictability to the law while maintaining judicial discretion in individual cases. The bill represented an attempt to improve the coherence and transparency of Scottish criminal law in a significant area of homicide law.

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Parliamentary Progress

Introduced

1 June 2020

Stage 1

21 January 2021

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