Report on 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 5 years following its dissolution.

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

In 2003, the Scottish Law Commission and the Law Commission published their joint report on Partnership Law (Cm.6015, SE paper 299, ISBN 9780101601528).

This recommended comprehensive reform of the law of partnership, including the circumstances and effects of dissolution.

The Scottish Law Commission's preferred long-term solution to the issue identified in the Rosepark case would be the implementation by the UK Government of the recommendations in the joint report on Partnership law.

While the project on Criminal Liability of Partnerships was prompted by the failure of the attempted prosecutions following the Rosepark fire, the Commission emphasises that it is concerned with reforming the law for the future. The Report is not concerned with the facts of the Rosepark fire, and the Commission expresses no view as to the merits of the attempted prosecution of those involved.