The topic is a significant issue for companies and has been the subject of debate following numerous calls for the Government to explore again the question of when criminal liability should be attributed to companies.

Concern has been expressed that the identification principle does not adequately deal with misconduct carried out by and on behalf of companies, and does not strike an appropriate balance. In particular, some have suggested that it has proved disproportionately difficult to prosecute large companies such as banks for economic crimes committed in their names, by relatively senior managers, for the company’s benefit

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