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Company Director Criminal Offences

We regularly act for company directors who face criminal or regulatory investigation and prosecution under a range of statutes including the Theft Act 1968, the Fraud Act 2006, the Companies Act 2006, the Insolvency Act 1986 and the Bribery Act 2010.

We have also represented directors charged with offences of acting whilst disqualified, an offence that carries up to 2 years imprisonment.

An increased focus on corporate governance and individual accountability has led to directors and officers coming under more scrutiny than ever before. As a result, the number of claims against directors has increased in recent times, as has the need for directors to take specialist advice on their duties and on specific compliance issues.

There are many ways in which company directors can face sanctions, criminal liability or disqualification. it is no wonder that business directors and officers often only learn of their susceptibility to scrutiny from the Police or a Regulatory body, when an investigation is well underway.

If you find yourself suddenly facing such challenging circumstances, it is vital to seek expert legal advice immediately.

Draycott Browne is a specialist criminal law firm with the necessary expertise to protect you and your business. Our technical knowledge of such investigations spans regulatory corporate defence, criminal law, along with the full gamut of financial crimes and corporate fraud.

The penalties for directors found to have breached their duties or committed a criminal offence are severe. It is vital to seek advice from a specialist business crime defence lawyer if you are the subject of an investigation or you think you may be the subject of one in the future.

From the moment you instruct us, we will work with you to assess and review your business operations to not only defend you against current investigations but also to protect you against further allegations. We will help you to understand your professional and personal rights, while also working to protect your business and reputation.

Our legal team is available 7 days a week. If you or your business need expert legal advice or representation at any stage of an investigation, call Draycott Browne today using the number at the top of this page or complete our contact form and we'll call you back.

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If you receive a warning or notice of intended prosecution it should be taken extremely seriously and acted upon as a matter of urgency. A director found guilty of an offence is likely to be disqualified and may be personally liable for any loss suffered by the company as a result. It is vital that you seek expert advice at an early stage to ensure you have the best possible chance of a positive outcome.

Get in touch to discuss your situation with one of our business crime specialists to see how we can assist.

The criminal defence lawyers at Draycott Browne have extensive experience of defending the full spectrum of criminal prosecutions brought against directors.

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Criminal Defence Expertise for Business Crime Offences

Our Company Director OFFENCES Advice Team

Shaun Draycott

Shaun Draycott

Managing Director & Serious Crime Solicitor
Rob Mann

Rob Mann

Director & Serious Crime Solicitor
Venessa Schweitzer

Venessa Schweitzer

Consultant Litigator
Caitlin Cardwell

Caitlin Cardwell

Crown Court Litigator
Meet the Team

Can a director be prosecuted for a criminal offence?

A director, manager, secretary or other officer of the company can be prosecuted for a criminal offence if personal liability can be established. This is to ensure the accountability of those in senior positions at companies engaging in criminal conduct.

In order for personal criminal liability to be established it must be shown that there was either ‘consent’ or ‘connivance’ on the part of the director in relation to the offence committed by the company.

Certain provisions of the Companies Acts make an officer of a company criminally liable where they are “in default”. Under section 1121(3) of the Companies Act 2006, an officer is in default if they authorise or permit, participate in, or fail to take all reasonable steps to prevent the contravention.

Draycott Browne provide a ‘premium’ criminal advocacy through our ‘privately funded criminal representation’. We are often trusted to act for business owners when they face the sternest legal penalties, even where the offence they are accused of is completely unrelated to their business activity, whether that be a driving offence, a sexual offence or murder.

Can companies be prosecuted for criminal offences?

Under English law, a company is a legal person and is capable of being prosecuted for a wide range of criminal offenses. A company is not treated differently from an individual because of its artificial personality.

Companies can be held criminally liable for a wide range of offences, including health and safety offences, corporate manslaughter and those more commonly encountered in business contexts such as fraud, bribery, false accounting and certain Companies Act offences.

A company or partnership can be criminally liable in a number of ways. In addition to the common law rules on attributing criminal conduct to a company, the Crime and Policing Act 2026 introduced a statutory route to liability where a senior manager commits an offence while acting within the actual or apparent scope of their authority.

Qualifying large organisations can also face prosecution for failure to prevent fraud under the Economic Crime and Corporate Transparency Act 2023 where an associated person commits a specified fraud offence intending to benefit the organisation and reasonable fraud prevention procedures were not in place.

The fact that a company can be held liable for a criminal offence does not prevent the prosecution of the individuals involved in committing the offence. It actually allows the net to be cast even wider in terms of individual responsibility.

A number of statutes contain provisions stating that if a company commits a criminal offence, a director is also guilty of the offence if it is proved to have been committed with the consent or connivance of the director, or as a result of their negligence.

In this context, ‘consent’ means being aware of what is going on and agreeing to it; and ‘connivance’ means knowledge together with a negligent failure to prevent. ‘Neglect’ implies a failure to take the appropriate action when under a duty to do so.

Specialist Company Director Offence Lawyers

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Protect your future with trusted, expert legal defence—contact Draycott Browne’s Company Director Offence Solicitors today.

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Consent, connivance and negligence

In order for personal criminal liability to be established against a director it must be shown that there was either consent, connivance or negligence on the part of the director.

One of the reasons for the lack of corporate prosecutions is that establishing the mental states of consent or connivance is inherently difficult.

Consent

In order for a director to have consented to the crime, there must be knowledge and agreement to the facts which amount to the offence. The director need not realise that the facts he or she was aware of and agreed to amount to a criminal offence.

Connivance

Connivance is when the director knowingly turns a blind eye to the activity in question. The director is not actively encouraging what happens but lets it continue, saying nothing about it.

Negligence

The Companies Act 2006 states that “a director must exercise reasonable care, skill and diligence” when running a company. A failure to do so may be deemed negligent. Breach of these duties can result in directors being disqualified and incurring personal liability.

Even careful and conscientious directors sometimes fall foul of the law. Sometimes directors can face personal liability for legal issues caused by someone else's mistake, solely by virtue of them being a director.

If you are a company director facing allegations of a business crime please call the expert lawyers at Draycott Browne today for confidential advice from one of our professional advisers.

What are the most common offences company directors are prosecuted for?

There are specialist agencies that prosecute corporate offenders for specific offences under their designated statutory framework (for example, offences contrary to the Health and Safety at Work Act 1974 are prosecuted by the Health and Safety Executive).

The most common offences that company directors are prosecuted for include:

  • Breach of duty
  • Fraudulent misrepresentation
  • Fraudulent trading
  • Bribery
  • Falsifying documents
  • False accounting
  • Health & safety breaches
  • Negligence
  • Tax evasion
  • Data protection breaches
  • Manslaughter

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Contact our Company Director Defence Lawyers

Our business crime solicitors are part of the wider team of nationally recognised criminal defence solicitors. Contact us today by calling on the number at the top of this page. If you would like us to contact you, simply fill in our online enquiry form and a member of the team will be in touch as soon as possible.

As a leading Criminal Defence Law firm, we regularly act for corporate clients and directors in London and throughout the North West including Manchester and Liverpool, when in need of expert legal representation and following allegations of white collar crime and regulatory investigations.

By entrusting your case to us, you can be assured that you will be working with a team of highly skilled and experienced solicitors who have a thorough and comprehensive knowledge of the law.

Our legal team is available 24 hours a day, 7 days a week. When your business faces the stiffest challenge, you cannot afford to settle for anything less than Draycott Browne.

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