Corporate Criminal Liability – Change Is Coming

Holding companies to account: criticism of the current criminal framework

Over time and bit by bit the UK's approach to corporate criminal liability is being narrowed. The issue has long been debated with many commentators agreeing that the current criminal legal framework is far from satisfactory at holding corporate organisations to account for instances of criminality when those crimes are committed on behalf of, or in the name of, the company. 

The problem

Whilst there are several ways that a company can commit a criminal offence the real problem arises from the difficulties associated with prosecuting companies through use of what is termed the "identification principle". It is this principle that is frequently cited by prosecuting agencies as a bar to prosecution. And it is often this principle which proves to be the stumbling block in cases which are actually prosecuted.