Niall Hearty considers the need to reform corporate criminal liability

With the Law Commission having produced options for changing corporate criminal liability, Niall Hearty wrote a piece examining the need for reform.

In his article, which was published by Lawyer Monthly, Niall outlines the options that have been put forward by the Commission.

The options include extending liability to corporations for the conduct of senior management and creating “failure to prevent” offences for more economic crimes.  The Commission also floats the idea of reforming the “identification doctrine” - the need to prove that the most senior officers of the corporate  (its “directing mind and will”) had criminal intent in order for a corporate to be held criminally liable. Yet keeping the identification doctrine is another Commission option.

Niall cites the arguments that have been made against the identification doctrine by those who see it as an obstacle to prosecuting corporates. He concludes by emphasising that the responsibility for change in this area ultimately rests with the government.

Niall's article featured on Lawyer Monthly.