Yet to be persuaded – UK government & reform of corporate criminal liability

Timon Molloy (timon.molloy@informa.com), Editor

The identification doctrine of corporate criminal liability, which requires prosecutors to prove the “directing mind” of the business knew of, actively condoned or took part in the offending [1], is “not fit for purpose”: that’s the view of prosecutors, practitioners and legal academics, at least in large company cases, says the Ministry of Justice in its call for evidence on whether judge-made law in the area should give way to statute. [2] Absence of draft legislation for consultation at this point suggests the government is unconvinced by the chorus of professionals.