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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

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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