Corporate Criminal Liability: Sanctions and Remedial Action

Abstract

This article advances the proposition that there is occurring a sea‐change in the sanctions imposed by courts when companies breach the criminal law. It focuses on the publication of the Law Commission's Report No. 237, ‘Legislating the Criminal Code: Involuntary Manslaughter’, of March 1996, questions the effectiveness of the proposed court order compelling remedial action, and suggests that other sanctions should be considered. It should be noted that the Commission's recommendations are not necessarily restricted to the law of manslaughter, but are potentially applicable to all violations of criminal law including financial offences.