This book argues that there is a strong normative argument for using the criminal law as a primary response to corporate crime. Reflecting this emphasis on negotiation, this book examines the use of Civil Recovery Orders and Deferred Prosecution Agreements as responses to corporate crime, and discusses a variety of UK case studies.

Chapter 1. Negotiated Justice and Corporate Crime: An Introduction and Overview.- Chapter 2. Negotiated Justice and Enforcement Legitimacy.- Chapter 3. Civil Recovery Orders: Law, Policy and Practice.- Chapter 4. Deferred Prosecution Agreements: Law and Policy.- Chapter 5. Deferred Prosecution Agreements: In Practice.-  Chapter 6. Calling to Answer?

This book argues that there is a strong normative argument for using the criminal law as a primary response to corporate crime. In practice, however, corporate crimes are rarely dealt with through criminal sanctioning mechanisms. Rather, the preference – for both prosecutors and corporates – appears to be on negotiating out of the criminal process. Reflecting this emphasis on negotiation, this book examines the use of Civil Recovery Orders and Deferred Prosecution Agreements as responses to corporate crime, and discusses a variety of UK case studies. Drawing upon legal and criminological backgrounds, and with an emphasis on the conceptual frameworks of ‘negotiated justice’ and ‘legitimacy’, the authors examine the law, policy and practice of these enforcement responses. They offer an original, theoretically-informed analysis which is accessible to practitioners and researchers.

“This is a fine legal and criminological analysis of the creation of alternatives to prosecution for corporate offenders.  It carefully critiques the failure of civil asset recovery and Deferred Prosecution Agreements for corporates to meet the social legitimacy and fairness requirements of the criminal sanction.  Whether or not we support these alternative measures, this thought-provoking text deserves serious attention.” (Professor Mike Levi, Cardiff University, UK)

“Here Colin King and Nick Lord present a timely and critical exposition of the increasing tendency in the UK to address corporate crime through non-adversarial means. The fundamental importance of this book derives from their synthesis, for the first time, of a number of legal and policy developments in this area, and their identification of key tensions, inconsistencies, and issues of legitimacy.” (Professor Liz Campbell, Durham University, UK)

 

 

 

Compares enforcement responses to corporate crime Draws on case studies like Rolls Royce and Tesco Focusses on UK law and practice but is informed by insights from other jurisdictions Speaks to policy-makers, practitioners and researchers

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