Criminal Justice (Theft and Fraud Offences) Act 2001

Liability for offences by bodies corporate and unincorporated.

58

58.—(1) Where—

(a) an offence under F40[this Act F41[(other than Part 5 or 6)]] has been committed by a body corporate, and

(b) the offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a person who was either—

(i) a director, manager, secretary or other officer of the body corporate, or

(ii) a person purporting to act in any such capacity,

that person, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with the member's functions of management as if he or she were a director or manager of the body corporate.

(3) The foregoing provisions shall apply, with the necessary modifications, in relation to offences under this Act committed by an unincorporated body.

Annotations:

Amendments:

F40

Substituted (14.04.2021) by Criminal Justice (Theft and Fraud Offences) (Amendment) Act 2021 (2/2021), s. 7, S.I. No. 167 of 2021.

F41

Substituted (3.08.2021) by Counterfeiting Act 2021 (16/2021), s. 11, S.I. No. 404 of 2021.