Int. J. Business Governance and Ethics, Vol. 1, No. 4, 2005 259 Does the criminal law have a role in the corporate setting? Annabelle James The Leeds Law School Leeds Metropolitan University Bronte Hall, Beckett Park, Leeds, LS6 3QS, UK E-mail:
[email protected] James Kirkbride and Steve Letza* Faculty of Business and Law Liverpool John Moores University John Foster Building 98 Mount Pleasant, Liverpool L3 5U2 E-mail:
[email protected] E-mail:
[email protected] *Corresponding author Abstract: The use of criminal law in the corporate setting has risen in the Corporate Governance agenda in recent months. Compelled by the prosecutions of six former Railtrack plc senior managers the paper discusses the relevance of criminal law as a disciplining force on directors and managers. The paper provides a detailed case study of Railtrack plc drawing out the major issues of relevance in applying the criminal law to a large complex company such as Railtrack plc. Keywords: corporate governance; director prosecution. Reference to this paper should be made as follows: James, A., Kirkbride, J. and Letza, S. (2005) ‘Does the criminal law have a role in the corporate setting?’, Int. J. Business Governance and Ethics, Vol. 1, No. 4, pp.259–276. Biographical notes: Annabelle James is Principal Lecturer in law and the subject group leader in crime, justice and society at Leeds Metropolitan University. James Kirkbride is Professor of International Business Law and Dean of the Faculty of Business and Law at Liverpool John Moores University. Steve Letza is Professor of Corporate Governance and Director of the European Centre for Corporate Governance.