The senior manager test—as set out in the Crime and Policing Bill—prioritises deterrence over strict legal fairness, writes Tom McNeill
- The Crime and Policing Bill includes a senior manager test, making organisations criminally liable for offences committed by senior managers while acting within their authority.
- This would expand corporate liability for many offences beyond principles that required proof of direct corporate fault.
- The change reflects a broader shift towards treating corporate culture as culpable, prioritising deterrence and ease of prosecution over fairness or consistency.
The Crime and Policing Bill, which is currently working its way through the UK Parliament, has its fair share of critics—and not without good reason.
The Bill includes a provision to make organisations criminally liable for any offence committed by a senior manager while acting within the actual or apparent scope of their authority—the senior manager test. Various commentators have pointed out the unfairness that could arise by not including an ‘intending to benefit the organisation’ provision.
What if the senior manager were acting purely in their personal interest, where
