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22 March 2024 / Nick Barnard
Issue: 8064 / Categories: Features , Company , Commercial , Fraud
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Consent & connivance: individual liability for company offences

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Nick Barnard considers a little-used opportunity for investigative agencies, which could soon come into fashion
  • Considers the doctrine of ‘consent and connivance’, by which individuals can be criminally liable for offences committed by their companies.
  • Explores how this doctrine interacts with the Economic Crime and Corporate Transparency Act 2023 regime for corporate liability.

Much has been written on the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023) and the new routes through which companies can be held criminally liable for the conduct of certain individuals. This article looks through the opposite end of the telescope and considers the doctrine of ‘consent and connivance’—an established, although rarely utilised, means by which certain individuals can be held criminally liable for offences committed by their companies. It also considers how this doctrine interacts with the new regime for corporate liability under ECCTA 2023.

Parasitic provisions

The majority of substantive offences usually in scope during corporate crime investigations are complemented by parasitic provisions stating that, where an offence

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Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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