Corporate Crime & Corruption

09/06/2023 - CLLS Paper Identity Doctrine Reform

The CLLS Corporate Crime And Corruption Committee set out its response to the Home Office paper “Reform To The Identity Doctrine”. There was a diversity of opinion about the proposal to reform the identity doctrine, not least due to the unrealistic turnaround timing set for the consultation. Points in favour: the present conception of the identity-doctrine, as expressed in "Tesco v Nattrass", is no longer appropriate to the business practices of today. It is recognised that, within many organisations, powers of decision are frequently delegated to senior managers who are not members of the board of directors or likely to meet the strict “directing mind and will “ test. However, these managers will have been given a great deal of operational autonomy to decide on the organisation’s approach to particular topics. Whether the organisation is liable should not depend so heavily on contingent factors such as the official status from time-to-time of such individuals. Points against: more than one objection was to the apparent lack of clarity in the definition of “senior manager” and/or “high managerial agent” without the existence of significant case law to define these categories. There is the potential for the judiciary to interpret these categories more broadly than might be intended.

15/10/2020 - EOS CLLS note response to levy consultation - final

The CLLS Corporate Crime and Corruption Committee has submitted a response to the consultation on the proposed Economic Crime Levy

24/03/2017 - Response - Corporate Liability for Ecnomic Crime - Call For Evidence

22/04/2016 - Eoin O'Shea appointed new Chairman of Corporate Crime & Corruption Committee

30/10/2013 - Response to Sentencing Council consultation on Sentencing Guidelines for Fraud, Bribery and Money Laundering Offences

The Corporate Crime & Corruption Committee recently responded to the Sentencing Council consultation on the draft guideline on fraud, bribery and money laundering offences. The Committee responded to the specific consultation questions, and noted that it welcomed the guidelines and that it generally supported the proposed methodology for calculating sentences – i.e. determining the category (and thus the starting point and range of sentence) according to the culpability of the offender and the harm caused, to be followed by considering after-the-event factors such as cooperation and plea.

09/09/2013 - ABA Criminal Justice Section and CLLS Corporate Crime & Corruption Committee 2013 International White Collar Crime Conference (7-8 October 2013)

07/12/2011 - Response to House of Lords Justice and Institutions Sub-Committee Call

Response to House of Lords Justice and Institutions Sub-Committee Call for Evidence regarding its Inquiry into EU Criminal Procedure