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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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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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