Crime and Policing Act 2026 expands corporate liability

The Crime and Policing Act 2026, which received Royal Assent on 29 April 2026, introduces significant changes to corporate criminal liability in the United Kingdom. Effective from 29 June 2026, the Act broadens the scope of corporate accountability by holding companies liable for criminal acts committed by their senior managers within the scope of their authority.

Key Provisions

• Expanded Identification Doctrine: The Act replaces the traditional 'directing mind and will' test with a senior manager attribution model. This means companies can be held criminally liable for offenses committed by senior personnel acting within their actual or apparent authority, even if the conduct breaches internal policies.
• Scope of Liability: The expanded liability covers a wide range of offenses beyond economic crimes, including unauthorized access to computer material and health and safety violations.
• No Requirement for Company Benefit: Companies can be held liable regardless of whether they benefited from the crime.
• No 'Reasonable Procedures' Defense: Unlike previous legislation, the Act does not provide a defense for companies that had robust compliance programs in place.

Implications for Businesses

Organizations must reassess their compliance and governance frameworks to mitigate the risk of liability under the new provisions. This includes:

• Conducting comprehensive reviews of internal policies and procedures.
• Implementing enhanced training programs for senior managers.
• Establishing robust monitoring and reporting mechanisms.

Failure to adapt to these changes could result in significant legal and financial repercussions for companies operating in the UK.

For a detailed analysis, refer to the client alert published by Jenner & Block LLP.