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20 January 2011 / Steve Tombs , David Whyte
Issue: 7449 / Categories: Features , Health & safety
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Corporate or criminal?

Steve Tombs & David Whyte highlight the dangers of reducing corporate prosecutions

Criminal Liability in Regulatory Contexts—the title of a recent (August 2010) Law Commission Consultation Document—might prompt the same response as Gandhi had when he heard the phrase “western democracy”.
Any longstanding critics of the consistent failure of law to hold corporations to account for their criminal conduct would have had any hopes of progressive reform dashed early on in its reading, where its organising assumption is stated baldly: “In regulated fields, reliance on the criminal law as the main means of deterring and punishing unwanted behaviour may prove to be an expensive, uncertain and ineffective strategy” (para 1.8). From here then flow a series of proposals which, in our view, will only further undermine the prospects for reversing the decriminalisation of illegal corporate conduct.

Evidence? What evidence?

The assumption encapsulated in the above quotation is by no means an unfamiliar one—and it is one which has gathered momentum in the UK in recent years. Such a claim is, for example,

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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