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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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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