Commentary on Provisions Offences Section 55 – Individual culpability where organisation commits an offence
175.Despite the general exclusion of liability for individuals acting as such there is still potential for an individual to commit an offence, where they are the controlling mind of an organisation. Section 55 makes provision for certain persons associated with different types of organisations to be held criminally liable for committing an offence under section 54, in addition to the organisation.
176.For that to happen, any person referred to in this section as a “responsible individual” must have consented to, or connived in, the organisation’s commission of the offence. Subsection (4) sets out a table explaining which type of person is a “responsible individual” in relation to different types of organisation listed in the table. For example, the director or secretary of a company, and a partner in a firm, are responsible individuals, so potentially have criminal liability for offences under section 54 committed by the company or partnership, respectively.