The Bribery Act 2010: Are You Ready?
The Bribery Act came into force on 1 July 2011. The Act will have far reaching implications for all organisations doing business in the UK.
What's New?
Bribery has long been criminalised in the UK but the law in this area was seen as out of date and confused, making it difficult to achieve successful prosecutions. The UK was heavily criticised for failing to take bribery and corruption seriously. It was not until 2009 that the UK had its first successful prosecution of a company for bribery. The new Act consolidates and modernises the law, making prosecution easier.
The Act is not retroactive, it applies only to bribery committed from today onwards. Acts carried out before 1 July 2011 will remain subject to the old laws on bribery and corruption.
A key development is that where the previous law focused heavily on the public sector, the new Act covers public and private organisations alike.
The Act also brings in a brand new corporate offence of failure to prevent bribery, which is drafted extremely broadly, leaving companies potentially open to prosecution in relation to acts of employees or business associates. For more information see Offences
Bribery offences carry heave penalties. For more information see Penalties
Bribery Consultancy Service
From left to right: Martin Thurston Smith, Barbara Bolton and Katie Baker
Through our Bribery Act Consultancy Service we draw on the experience of our employment law and litigation specialists to provide a full range of services in relation to the Bribery Act.
In terms of compliance we advise organisational clients on the implications of the Act and the steps they ought to take to ensure a strong defence to a charge of bribery, working with them to bring in new or revised procedures, train their staff and ensure a detailed paper trail of the steps taken is maintained.
In terms of enforcement, we provide advice to individuals and organisations alike in relation to alleged acts of bribery, assisting in internal investigations and defending bribery charges.
For more information regarding your Bribery Act compliance needs, please contact a member of our team.
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