With the Law Commission set to look at options for reforming the laws on corporate criminal liability, Rahman Ravelli’s Aziz Rahman discussed the issue with Law360.
He explained that the issue of corporate criminal liability has been a long-running problem for prosecutors. Establishing the controlling mind of a company in order to show corporate criminal liability makes it very hard to bring successful prosecutions. Aziz emphasised that this is particularly difficult to achieve with large corporations with complex management structures.
This has been on ongoing problem for the Serious Fraud Office, whose Director Lisa Osofsky has called for extending failure-to-prevent laws to other forms of economic crime. But Aziz said it would be premature to predict exactly what options the Law Commission may favour, as it has been given a “blank canvas’’ to work with.
Aziz’s views were used in a Law360 article.