The first prosecution under the UK Bribery Act 2010

16 January 2012 |

The UK Crown Prosecution Service has announced the first prosecution under the Bribery Act 2010.

The defendant is a magistrate’s court clerk who is alleged to have requested a payment of £500 in return for influencing the court’s conduct of a motoring offence.  This is contrary to section 2 of the Act which makes it a criminal offence for an individual to request or receive bribe intending to improperly perform his functions.

Under the Act the individual, if found guilty, could be liable for up to 10 years imprisonment and/or an unlimited fine.

Commentary

Although much of the early speculation was that the regulators would be focussing on companies’ activities abroad, this should serve as a reminder that the Act is now in force and applies equally to individuals.  Companies can also be found guilty of offences under the Act and should ensure that they have adequate procedures in place to prevent bribery taking place.  The Guidance published under the Act is of some assistance but does require every organisation to review its bribery risks proactively and put in place steps which will minimise the risk of it happening.

 

For further information or to discuss the issues raised, please get in touch.

Disclaimer

Content is for general information purposes only. The information provided is not intended to be comprehensive and it does not constitute or contain legal or other advice. If you require assistance in relation to any issue please seek specific advice relevant to your particular circumstances. In particular, no responsibility shall be accepted by the authors or by Abbiss Cadres LLP for any losses occasioned by reliance on any content appearing on or accessible from this article. For further legal information click here.

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