header-logo header-logo

Consent & connivance: individual liability for company offences

22 March 2024 / Nick Barnard
Issue: 8064 / Categories: Features , Company , Commercial , Fraud
printer mail-detail
164866
Nick Barnard considers a little-used opportunity for investigative agencies, which could soon come into fashion
  • Considers the doctrine of ‘consent and connivance’, by which individuals can be criminally liable for offences committed by their companies.
  • Explores how this doctrine interacts with the Economic Crime and Corporate Transparency Act 2023 regime for corporate liability.

Much has been written on the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023) and the new routes through which companies can be held criminally liable for the conduct of certain individuals. This article looks through the opposite end of the telescope and considers the doctrine of ‘consent and connivance’—an established, although rarely utilised, means by which certain individuals can be held criminally liable for offences committed by their companies. It also considers how this doctrine interacts with the new regime for corporate liability under ECCTA 2023.

Parasitic provisions

The majority of substantive offences usually in scope during corporate crime investigations are complemented by parasitic provisions stating that, where an offence is committed by a company with the ‘consent’ or ‘connivance’

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure...

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS
Law school partners with charity to give free assistance to litigants in need
Magic circle firms, in-house legal departments and litigation firms alike are...
Walkers and runners will take in some of London’s finest views at the 16th annual...
Law school partners with charity to give free assistance to litigants in need
Could the Labour government usher in a new era for digital assets, ask Keith Oliver,...
back-to-top-scroll