This monograph challenges some key assumptions held by criminal lawyers
about the actual boundaries and the proper boundaries of the criminal law.
Should the criminal law be used to penalize those who fail to comply with
the taxation regime? That simple question dissolves into more detailed and
more complex questions— whether there should be criminal offences of noncompliance
and, if so, which wrongs should be criminalized; and whether
those offences should be used as the stock response to the targeted noncompliers,
or whether the criminal law should be deployed as the last resort
after various civil and other mechanisms. Peter Alldridge approaches these
issues through rigorous analysis of the distinction between tax avoidance and
tax evasion, through a sustained critique of the chaotic state of the relevant
English criminal law (common law and legislation), and through a searching
assessment of the machinery of prosecution. He demonstrates the importance
of studying procedure, raising questions about the special powers available to
those investigating tax non- compliance in relation to such issues as search,
the privilege against self- incrimination, and legal professional privilege. Thus
the core issues on which this monograph shines its scholarly light are not only
questions of criminal law and of criminal procedure, but questions about the
interaction of the two at a practical level and at a normative level.