The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:
This Practice Note deals with what is meant by corporate liability in relation to criminal law. It covers establishing corporate liability, the identification principle and the evidence required to establish corporate liability for prosecution. For an explanation of the factors which are taken into account before a company is prosecuted, procedure and how sentencing may be carried out following conviction, see Practice Note: Prosecuting a company.
A corporate body, such as a company, is a separate legal identity. It can be tried, convicted and sentenced of a crime, where the sentence for that crime includes a fine (companies cannot be sentenced to imprisonment, for example).
A company is defined for the purposes of the Companies Act 2006 (CA 2006) to mean a company formed and registered under the act (see Practice Note: Incorporating a company—What is a company?). A company may also be defined by reference to its predecessors or equivalent legislation from another jurisdiction. A company may be either incorporated (a body corporate) or unincorporated. There are other bodies corporate which are not commonly described as companies, such as partnerships.
A legal person includes a body of persons, corporate or incorporate, so, where statute makes it an offence for any person to do something, corporate liability can arise unless the contrary intention is set out.
Corporate liability is an important
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234