FACULTY OF BUSINESS AND LAW
Coursework Assessment Brief
This assessment is to be completed as individual work.
The word limit is 3,000 words.
Question:
Critically consider the UK’s approach towards tackling corporate financial crimes in light of the decision of the House of Lords in Tesco Supermarkets Limited v Nattrass [1971] UKHL 1.
You are strongly advised to consider up to three of the following points:
The evolution of the identification doctrine and the controlling mind test in the UK,
The introduction of the failure to prevent offences under the Bribery Act 2010 and Criminal Finances Act 2017,
Alternative approaches to corporate criminal liability for corporate financial crime including, but not limited to, those taken in the United States of America, Australia, Germany, and Italy,
The use of financial penalties in the sentencing of corporations, this could include for example the imposition of financial penalties under the Financial Services and Markets Act 2000 or financial penalties imposed pursuant to Deferred Prosecution Agreements under the Crime and Courts Act 2013, or
The criminal liability for directors and other individuals for corporate wrong doing.
