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We are used to the idea of the criminal law penalising us when we do bad things. But there’s an increasing tendency for the state to punish large organisations for doing nothing at all.

The latest example of this is the new offence of failure to prevent fraud, which takes effect next autumn. Statutory guidance was issued by the government earlier this month. But it was not as helpful as businesses might have hoped.

For the latest episode of my podcast A Lawyer Talks, I have been discussing the legislation — and the guidance — with Nick Vamos, head of business crime at the long-established criminal defence solicitors Peters & Peters.

A former head of special crime and head of extradition at the Crown Prosecution Service, Vamos represented Boris Johnson when the former prime minister was accused of misleading parliament over “Partygate” and represented the Post Office in the appeals it faced by former postmasters who were convicted on flawed evidence.

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