CROWN OFFICE AND PROCURATOR FISCAL SERVICE
MEDIA STATEMENT
25 July 2008
ROSEPARK
HMA v Rosepark Care Home
The decision of the Appeal Court today has ruled that the Crown cannot proceed further with the current indictment against
Rosepark Care Home.
Speaking today, the Solicitor General Frank Mulholland, QC, said:
" The decision of the Appeal Court today has brought an important clarification to Scottish Law. The decision has brought an end to the current indictment against
Rosepark Care Home specifying that the firm was now dissolved.
The prosecution of a dissolved partnership was previously unknown in Scots law.
Today's decision of the Appeal court has clarified the law in relation to the liability of a dissolved partnership for alleged crimes that occurred prior to it being dissolved. The Appeal Court has held that criminal liability does not rest with the former firm in its firm name.
Although this means that the current indictment cannot proceed consideration is being given to a fresh indictment. As this is a complex area of law and a detailed judgement Crown Counsel will study the judgement and give consideration to the best way forward. Crown Office officials and the Procurator Fiscal have met the families to explain the judgement and the options open to the Crown. We are grateful to the families for their patience in this matter. As soon as a decision is taken we will advise the families of it.
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