By Alun Milford and Matthew Burn (June 24, 2022, 3:11 PM BST) — On June 10, the Law Commission of England and Wales issued an options paper[1] addressing one of the thorniest issues in English common law for criminal practitioners: the mechanism by which corporations and other nonlegal persons can be held liable for breaches of the criminal law.
The commission proposed 10 options for potential reform to be considered by the government. The options amount not to a radical rewriting of the English common law on corporate criminal liability — as those hoping to see a concept of vicarious liability appear in the paper might have wished — but rather a pragmatic attempt…
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