20 October 2023
This week, Michell de Kluyver, Nichola Peters & Harriet Territt, global investigations practice, Addleshaw Goddard, look at the potential introduction of ‘senior manager attribution liability’. As the authors explain, this is a ‘new breed’ of corporate criminal liability, and a definite ‘game changer’
‘Senior manager attribution liability’ would be introduced under the Economic Crime and Corporate Transparency Bill, if it becomes law in its current form. The bill places the identification doctrine on a statutory footing as well as extending it to bring the conduct of senior management within scope.
The authors explain key elements of the proposed law, including its extraterritorial reach and the absence of statutory defences, as well as the potential impact on deferred prosecution agreements.
They advise business owners, senior managers and legal professionals to make sure they understand the implications of the new law and consider how best to mitigate potential risks.
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