In an article for the New Law Journal, BCL partner Tom McNeill warns that the proposed Crime and Policing Bill could significantly expand corporate criminal liability through the introduction of an expanded ‘senior manager test’.
The test would make organisations criminally liable for offences committed by senior managers acting within the scope of their authority, even where there was no intention to benefit the company and where there is no provision for a “reasonable procedures” defence.
Tom argues that this reform represents a significant shift in corporate criminal law from principles of fairness and culpability towards deterrence and ease of prosecution. Tracing the evolution from Tesco v Nattrass to the current “failure to prevent” model, he highlights how traditional notions of criminal fault are being replaced by assumptions of defective corporate culture.
Read the full article here.
Tom McNeill
Partner
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