Latest Legal News - The Bribery Act 2010 (Nov 2011)

The conviction of three Pakistani cricketers demonstrates that bribery and corruption can be found everywhere and the recently enacted Bribery Act (the Act), which came into force on 1st July 2011, is the Government's latest attempt to regulate what is and what is not acceptable. However, there is still confusion about the implications of the new laws and what they might mean to individuals and businesses. Below we explain the law in this area and dispel some of the myths surrounding bribery.

The act of bribery no longer needs to be defined by monetary favours. Gifts, favours to family and friends and even a charitable donation could all fall within the definition of bribery under the Act.

The Act is not retrospective legislation, therefore any offences committed before the Act came into force in July 2011 will be dealt with by the existing legislation in force at the time of the offence. The effect of the new legislation is to abolish existing anti-bribery laws (the Public Bodies Corrupt Practices Act 1889, the Prevention of Corruption Act 1906 and the Prevention of Corruption Act 1916). It introduces the following offences:

  1. A general offence of bribing another person;

  2. A general offence of accepting a bribe;

  3. A discrete offence of bribing a foreign public official; and

  4. A new offence applicable to commercial organisations of failing to prevent bribery by persons associated with that organisation acting in the course of its business.

    The penalties for committing an offence include up to 10 years in prison and/or an unlimited fine.

  5. First General Offence

    The key element of this offence is one person promising to give or giving an advantage (monetary or otherwise) intending to induce or reward improper actions or knowing that the acceptance of the advantage offered is improper.

    Points to note

    There is no need to establish an intention to corrupt; and The person committing the offence does need to have an intention to gain or retain a business advantage or opportunity. 2. Second General Offence

    The key element of this offence is a person requests, agrees to receive or accepts an advantage (monetary or otherwise) with the intention of inducing or rewarding improper actions or knowing that the acceptance of the advantage offered is improper.

    Points to note

    There will also be an offence if the acceptance or agreement to accept the advantage constitutes improper performance; or Improper performance occurs in anticipation of an advantage. 3...

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