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20 January 2011 / Steve Tombs , David Whyte
Issue: 7449 / Categories: Features , Health & safety
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Corporate or criminal?

Steve Tombs & David Whyte highlight the dangers of reducing corporate prosecutions

Criminal Liability in Regulatory Contexts—the title of a recent (August 2010) Law Commission Consultation Document—might prompt the same response as Gandhi had when he heard the phrase “western democracy”.
Any longstanding critics of the consistent failure of law to hold corporations to account for their criminal conduct would have had any hopes of progressive reform dashed early on in its reading, where its organising assumption is stated baldly: “In regulated fields, reliance on the criminal law as the main means of deterring and punishing unwanted behaviour may prove to be an expensive, uncertain and ineffective strategy” (para 1.8). From here then flow a series of proposals which, in our view, will only further undermine the prospects for reversing the decriminalisation of illegal corporate conduct.

Evidence? What evidence?

The assumption encapsulated in the above quotation is by no means an unfamiliar one—and it is one which has gathered momentum in the UK in recent years. Such a claim is, for example, in close harmony with the regulatory policies pursued by the

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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