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.
Learning Outcomes
This assessment assesses the following module learning outcomes:
Illustrate a systematic understanding of ‘financial crime’ and to develop critical thinking and understanding of the legal and practical issues associated with financial crime and regulation.
Critically evaluate financial crime concepts and evidence from a range of sources.
Exercise significant judgement in a range of situations including the application of financial crime regulations to practical scenarios.
Analyse and evaluate the effectiveness of the policies adopted by international iinstitutions towards the reduction of financial crime.
Demonstrate confidence and flexibility, supported by critical analysis and judgement, when making decisions regarding complex problems in unfamiliar contexts by applying their acquired knowledge of Common Law, statutory rules and financial regulatory awareness.
