On 3 November 2020, the Ministry of Justice published its response (the “Government’s Response”) to its Call for Evidence on corporate liability for economic crime which was launched in January 2017 and ran until March 2017 (the “Call for Evidence”). The Government’s Response has been long awaited but does not reach any definitive conclusion on the way forward for reform. It found that the responses to the Call for Evidence did not provide a conclusive evidence-base on which to justify reform, but raised important questions, in particular about the operation of the identification doctrine which represents the general common law test under which corporates can be attributed with criminal liability. It has therefore committed to requesting a review of the identification doctrine by the Law Commission.
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