White-collared: fine contribution to fast-expanding area

This is a publication within the OUP series of monographs on criminal law and justice. It is written by professor Jeremy Horder, a distinguished general editor of the series.

The book is very contemporary, coming at a time when UK statute law in corporate crime has significantly expanded in scope. In particular, through sections 196-198 of the Economic Crime and Corporate Transparency Act 2023 (ECCTA) (extending the corporate identification doctrine) and section 199 (extending the ‘failure to prevent’ model). Sections 196-198 were replaced by section 250 of the Crime and Policing Act 2026 (CPA) on 29 June. Though the current edition of the book slightly preceded that event, it did cover the proposed replacement of sections 196-198 by the new section, while the CPA was still in bill form.

In UK criminal law, there are various landmark acts that have sought to extend the use of the so-called ‘failure to prevent’ model. In particular, the Corporate Manslaughter and Corporate Homicide Act 2007, the Bribery Act 2010, the Criminal Finances Act 2017 and ECCTA itself. The book examines these acts and their evolution. The model relies on holding corporates responsible for failing to prevent certain criminal acts and omissions carried out or incurred by their associates on their behalf in defined circumstances, except to the extent that there were reasonable measures in place to deal with them. 

The author posits that developing this ‘failure to prevent’ model may be a more appropriate approach to defining and dealing  with corporate crime (bearing in mind the abstract nature of companies) than significant extensions of the corporate identification doctrine. These seek to extend the ‘controlling mind’ concept of corporate attribution, from directors responsible for the strategic and policy direction of companies, to a wider concept of ‘senior managers’ involved in managing their companies. 

Horder, however, clearly acknowledges that the two concepts can co-exist in law (as indeed can other concepts such as vicarious liability). He examines this with academic rigour and many legal references, giving examples of how these doctrines have evolved in practice and can continue to do so.

The book is well constructed. It has a very helpful introductory chapter that defines the arguments and explains the structure of the following six chapters. It is also well annotated, case- and statute-referenced and indexed, and is easy to dip into or to read as a whole. Students and teachers of law, as well as legal practitioners involved in corporate law at every level, should also benefit from a work which makes a real contribution to its field. 

The huge incursion of criminal law into the law of companies is a feature of our times. It is to be hoped that the author will keep his book updated so as to address new developments as and when they emerge. 

The idea that corporates can be guilty by proxy of offences such as murder and rape, which had previously been thought could only be committed by humans,  is now made possible by section 250 of the CPA and other evolving doctrines. 

This is an excellent contribution to an important and growing area of law.

David Glass is a consultant solicitor at Excello Law