The Bribery Act will come into effect on 1 July 2011.
It will:
1. Introduce a corporate offence of failure to prevent bribery by
persons working on behalf of a business. A business can avoid
conviction if it can show that it has "adequate
procedures" in place to prevent bribery.
2. Make it a criminal offence to give, promise or offer a bribe
and to request, agree to receive or accept a bribe either at home
or abroad. The measures cover bribery in all contexts, private and
public.
3. Increase the maximum penalty for bribery from seven to 10 years
imprisonment, with an unlimited fine.
DMH Stallard welcomes the publication (on 30 March 2011) of the
Ministry of Justice Guidance on the principles which
"adequate procedures" must follow and the accompanying
"Quick Start Guide" aimed at providing SMEs with
helpful examples, including problem scenarios such as entertainment
and facilitation payments.
Prosecutorial guidelines for enforcement of the Act were
simultaneously published, jointly by the Director of Public
Prosecutions and the Serious Fraud Office.
DMH Stallard will continue to provide practical help, in
collaboration with Corporate Mosaic, to ensure legal clarity and
proportionate response. The many businesses which attended the
successful series of joint seminars held earlier this year will
shortly be contacted with recommended next steps. Dates for further
joint seminars will shortly be announced and if you would like to
register your interest in attending please contact Angela
Rook.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.