The Government’s proposed reforms to the criminal courts, following Sir Brian Leveson’s independent review, could alter how corporate defendants are prosecuted in England and Wales.
In this article, BCLs Partner, John Binns and Associate Amelia clegg examine the Justice Secretary’s plans to expand judge-only trials and consider what this shift may mean for corporate prosecutions, particularly in complex fraud and regulatory cases.
They explore how these proposals may lead to faster prosecutions, increased pressure to enter early guilty pleas, and more predictable, though potentially less forgiving, outcomes for corporates. The article also examines the implications for “failure to prevent” offences, the assessment of intent, and the growing emphasis on early engagement, cooperation and self-reporting.
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