The Crime and Policing Act, in force from the end of June, significantly expands corporate criminal liability in the UK. The legislation broadens the identification doctrine, exposing companies to criminal liability for any offence committed within the actual or apparent scope of a senior manager’s authority.
In a recent article by Compliance Week, Richard Reichman, Partner at BCL, commented on the changes and the risks this may create for corporates. Richard warned:
“The expansion of the identification doctrine risks creating an overbroad regime in which fairness depends more on prosecutorial restraint than statutory safeguards”.
The article outlines a number of practical steps businesses should now consider, including reviewing governance structures, risk assessments, and compliance procedures ahead of the new regime.
Richard also commented:
“The reform goes significantly beyond targeting genuinely culpable corporates and risks exposing companies to liability in unjust circumstances. A company could face liability for a senior manager’s conduct even where reasonable compliance procedures existed, and that conduct did not benefit the company”.
To read the full article, please click the link here.
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