Bribery Act 2010 And The Scottish Self-reporting Initiative
The Crown Office announced a self reporting initiative in July 2011, whereby businesses could provide full disclosure of any breaches of the Bribery Act 2010 within their organisation. In consideration of the self-reporting actions of the business, the Crown offers the possibility of obtaining leniency in regard to the penalties that a business would face under the Act. The Crown explicitly states that it "will give consideration to refraining from prosecuting the business and instead referring the case to the Civil Recovery Unit (CRU) for civil settlement."
Any self report will be considered on its own merits and, while a civil penalty is not guaranteed, will be considered as mitigation in both civil and criminal cases.
A decision of a business to self-report will need to take into account the interests of the organisation and individuals involved. Any self-reported information will be recorded and may be used in any subsequent criminal investigation or prosecution or civil recovery investigation.
The initiative is likely to end on 30 June 2012. While it may run for a longer period of time (not yet announced) the Crown has advised it will take into account any delay in self-reporting acts of bribery or corruption.
We would advise that where an organisation suspects a breach of the Act has occurred they should seek legal advice at the first available opportunity. This initiative only runs for four more months. Any businesses wishing to make a self-report must have carried out a full internal investigation and have the approval of the board before proceeding, which adds to the self-reporting timetable.
A further in-depth analysis and report on this self-reporting initiative can be found here.
Disclaimer
The material contained in this article is of the nature of general comment only and does not give advice on any particular matter. Recipients should not act on the basis of the information in this e-update without taking appropriate professional advice upon their own particular circumstances.
