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Corporate criminal liability

This Practice Note deals with what is meant by corporate liability in relation to criminal law. It covers establishing corporate liability, the identification principle and the evidence required to establish corporate liability for prosecution.For an explanation of the factors which are taken into account before a company is prosecuted, procedure and how sentencing may be carried out following conviction, see Practice Note: How to prosecute a business.Corporate liabilityA company is defined for the purposes of the Companies Act 2006 (CA 2006) to mean a company formed and registered under the Act (see Practice Note: Incorporating a company—What is a company?). A company may also be defined by reference to its predecessors or equivalent legislation from another jurisdiction. A company may be either incorporated (a body corporate) or unincorporated. There are other bodies corporate which are not commonly described as companies, such as partnerships.A corporate body, including a company, is a separate legal identity (sometimes called a non-natural person). As such, it can be tried, convicted and sentenced for committing a crime....

Failure to carry out health and safety duties under HSWA 1974—offences

This Practice Note summarises the key offences which can be committed under the Health and Safety at Work etc Act 1974 (HSWA 1974) and the process for their prosecution in the criminal courts in England and Wales.For information on health and safety prosecutions in Scotland, see Practice Notes: Health and safety investigations in Scotland, Prosecution process for health and safety cases in Scotland and Sentencing health and safety cases in Scotland.Main duties imposed by HSWA 1974It is an offence for an employer to fail to comply with a duty specified in HSWA 1974, ss 2–4 and 6.HSWA 1974, ss 2–4 and 6 set out the general duties of employers, the self-employed, persons who have control of premises, and manufacturers and suppliers to ensure the health and safety of employees and members of the public who may be affected by their work activities. HSWA 1974, s 2 imposes a duty on employers to ensure, so far as is reasonably practicable, the health, safety and welfare of employees. What steps employers must...

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Fess up, or wait and see? SFO policy shift stirs DPA debate

Law360, London: The Serious Fraud Office's 'cast iron' promise that companies self-reporting wrongdoing will duck prosecution could lead to a new wave of settlements—but only if other controversial reforms push businesses to the negotiation table, lawyers say.