As part of its efforts to strengthen criminal sanctions for corporate offending, the government is considering proposals to create a new corporate offence of failing to prevent economic crime. The new offence would mirror and expand the existing corporate offence of failing to prevent bribery under section 7(1) of the Bribery Act 2010.

In order to convict a corporation, the prosecutor must prove, to the criminal standard of proof, that an individual at executive or board level (the “directing mind and will” of the company) committed the acts amounting to the commission of an offence, and also had the criminal intent to commit those acts.


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