Expanding corporate criminal liability—the argument against reform

Table of contents

• Original news
• The Law Commission is currently seeking views on whether and how the law relating to corporate criminal liability can be improved. What are main arguments against creating additional corporate criminal offences?
• Is the criminal law the most suitable means to ensure businesses operate within the law? What are the alternatives to using criminal law to regulate businesses?
• Corporate manslaughter and failure to prevent bribery and tax evasion offences have been seen to be a success. Do you agree these are success stories and if so, why would more failure to prevent economic offences not be equally successful in holding companies to account?
• What are your predictions for how the law in this area will develop?

Article summary

Corporate Crime analysis: In a series which considers the Law Commission’s proposed improvements to the law relating to corporate criminal liability, Susannah Cogman, partner, and Hannah Lau, associate, at Herbert Smith Freehills LLP discuss the arguments against reform.