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14 November 2025 / Tom McNeill
Issue: 8139 / Categories: Features , Criminal , Fraud , Bribery , Company , Compliance , Risk management
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Getting corporates in the dock

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The senior manager test—as set out in the Crime and Policing Bill—prioritises deterrence over strict legal fairness, writes Tom McNeill
  • The Crime and Policing Bill includes a senior manager test, making organisations criminally liable for offences committed by senior managers while acting within their authority.
  • This would expand corporate liability for many offences beyond principles that required proof of direct corporate fault.
  • The change reflects a broader shift towards treating corporate culture as culpable, prioritising deterrence and ease of prosecution over fairness or consistency.

The Crime and Policing Bill, which is currently working its way through the UK Parliament, has its fair share of critics—and not without good reason.

The Bill includes a provision to make organisations criminally liable for any offence committed by a senior manager while acting within the actual or apparent scope of their authority—the senior manager test. Various commentators have pointed out the unfairness that could arise by not including an ‘intending to benefit the organisation’ provision.

What if

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
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