Economic Crime and Corporate Transparency Bill: Reform of the identification doctrine

Our investigations and white collar crime team have produced an article discussing the Economic Crime and Corporate Transparency Bill which proposes radical reforms to corporate criminal liability for the first time in more than 50 years by making it easier to prosecute companies for economic crime offences committed by their senior employees. The team consider how it would replace the common law “directing mind and will” test for corporate criminal liability with a statutory “senior manager” test. If approved, an employer will be found criminally liable where a senior manager who was “acting within the actual or apparent scope of their authority” commits one or more of a long list of specified economic crime offences.

The full version of the article can be found here.