Dominic Stuttaford (Norton Rose Fulbright) considers the scope of a new ‘failure to prevent’ offence and how it differs from the existing corporate criminal offences.
A company has a separate legal identity and can be tried and convicted of a crime. This provides the government with an important stick for encouraging ethical business practices and it is one they are increasingly looking to use.
Back in January 2017 the government published a call for evidence looking at how the law on corporate liability for economic crime could be reformed. This was followed in 2021 by publication of a Law Commission paper discussing the further use of ‘failure to prevent’ offences in this area and a subsequent 2022 paper considering options for reform of corporate criminal liability. This ‘options’ paper specifically recommended that economic crime was one area in which a ‘failure to prevent’ offence might be...
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
Dominic Stuttaford (Norton Rose Fulbright) considers the scope of a new ‘failure to prevent’ offence and how it differs from the existing corporate criminal offences.
A company has a separate legal identity and can be tried and convicted of a crime. This provides the government with an important stick for encouraging ethical business practices and it is one they are increasingly looking to use.
Back in January 2017 the government published a call for evidence looking at how the law on corporate liability for economic crime could be reformed. This was followed in 2021 by publication of a Law Commission paper discussing the further use of ‘failure to prevent’ offences in this area and a subsequent 2022 paper considering options for reform of corporate criminal liability. This ‘options’ paper specifically recommended that economic crime was one area in which a ‘failure to prevent’ offence might be...
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
