Corporate culture and systems intentionality: part of the regulator’s essential toolkit

Speaker: Elise Bant (https://www.uwa.edu.au/Profile/ABLE/Elise-Bant)

Chair: Eva Micheler 

In an age of massive trans-and multi-national corporations, and egregious instances of corporate misconduct, the adequacy of traditional corporate liability mechanisms is being increasingly questioned. The recent Law Commission of England and Wales review of corporate criminal liability has presented a range of options to the Government to address these deficiencies. This article explores the nature and operation of two holistic models for corporate attribution reform closely considered by the Commission, but which were not included in the suite: the distinctive Australian ‘Corporate Culture’ model and a novel model of ‘Systems Intentionality’. In so doing, the analysis sheds considerable light on the comparative nature, strengths and limitations of Failure to Prevent offences, which formed a key element in the Commission’s reform recommendations. Using the Rolls Royce Deferred Prosecution Agreement proceedings as a case study, the article demonstrates how, far from being foreign and uncertain conceptual tools, Corporate Culture and Systems Intentionality are essential parts of the regulatory toolkit that deserve further consideration in light of the complex reality of modern corporate defendants.