- 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’
