Boards beware? What the government’s proposed reforms mean for corporate prosecutions in England and Wales
Corporate Crime analysis: The report on part one of Sir Brian Leveson’s independent review into the criminal courts earlier this year (‘the report’) recommended that ‘serious, complex’ fraud cases be adjudicated by a judge alone. Now, the Justice Secretary, David Lammy MP, has not only adopted that recommendation, but has expanded the suggested replacement of juries with single judges to virtually all cases. The few exceptions do not appear to envisage the use of juries for any fraud trials. The proposals have caused consternation among criminal practitioners and industry bodies. While many have welcomed Sir Brian and Mr Lammy’s recognition of the pressures impeding the administration of justice in the criminal courts, there is a widespread view that the removal of the jury from trials would have serious adverse consequences for those who come into contact with the justice system (and, for society in general). Though less commented upon, the proposals would have serious impacts for corporate defendants and may herald greater risks for corporates in criminal-regulatory matters. Written by John Binns and Amelia Clegg of BCL Solicitors LLP.