Dr Diana Johnson Diana.Johnson@uwe.ac.uk
Senior Lecturer in Legal Practice course
‘Eat, sleep and repeat?’ Corporate criminal liability and extension of the failure to prevent model
Johnson, Diana; Ryder, Nic; bourton, Sam; Hall, Demelza
Authors
Nic Ryder
Sam Mapston Sam.Bourton@uwe.ac.uk
Senior Lecturer in Law
Demelza Hall Demelza.Hall@uwe.ac.uk
Lecturer in Law
Abstract
This paper examines the law relating to corporate criminal liability in England and Wales. A doctrinal analysis of case law and legislation is undertaken in order to examine how the law has worked since the seminal case of Tesco v Nattrass. The problems experienced by prosecutors in the attribution of corporate criminal liability to larger companies with complex management structures due to the identification doctrine are outlined, with a detailed analysis of the ‘failure to prevent’ corporate criminal liability offences, introduced to circumvent the problems associated with the identification doctrine. The new failure to prevent fraud offence, together with changes to the identification doctrine, introduced by the Economic Crime and Corporate Transparency Act 2023 are analysed and evaluated. The paper concludes with an assessment of the current state of corporate criminal liability in England and Wales.
Citation
Johnson, D., Ryder, N., bourton, S., & Hall, D. (in press). ‘Eat, sleep and repeat?’ Corporate criminal liability and extension of the failure to prevent model. Journal of Business Law,
Journal Article Type | Article |
---|---|
Acceptance Date | Feb 22, 2024 |
Deposit Date | Mar 14, 2024 |
Print ISSN | 0021-9460 |
Publisher | Sweet and Maxwell |
Peer Reviewed | Peer Reviewed |
Public URL | https://uwe-repository.worktribe.com/output/11803338 |
This file is under embargo due to copyright reasons.
Contact Diana.Johnson@uwe.ac.uk to request a copy for personal use.
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