Law Commission consultation on corporate criminal liability

Earlier this month the Law Commission published a discussion paper and launched a consultation on corporate criminal liability. The Commission is seeking views on whether, and how, the law relating to corporate criminal liability can be improved so that they appropriately capture and punish criminal offences committed by corporations, and their directors or senior management.

The 75-page discussion paper sets out the current legal framework on criminal liability of corporations, the specific legislation together with the procedural rules for corporate prosecutions and corporate liability under civil law, alternative approaches to corporate criminal liability and sentencing of corporations. It also includes discussion of criminal liability of directors and other individuals for corporate misconduct and a comprehensive review of recent developments, ending with 13 questions for stakeholders to consider.

As part of the Law Commission’s consultation exercise, it has announced a series of events at which they will be discussing some of the concerns regarding the law of corporate criminal liability, and options for reform. You can register your interest to attend these events here.

Responding to the consultation by 31 August 2021

Responses to the consultation can be made using an online form. You do not need to answer all 13 questions if you are only interested in some aspects of the consultation. Alternatively, comments may be submitted by email to criminal@lawcommission.gov.uk (marked for the attention of the CCL team) or by post to The corporate criminal liability project, the criminal team, Law Commission, 1st Floor, Tower, 52 Queen Anne’s Gate, London, SW1H 9AG.

After the consultation

The Law Commission will analyse the responses to the discussion paper, which will inform an options paper for reform to Government later this year.

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