The Bribery Act 2010
The Bribery Act 2010 (the `Act`) comes into force on 1July 2011. The Act consolidates and expands the range of briberyoffences for which organisations and individuals can beprosecuted.
The offences introduced by the Act are:
1. Giving bribes (to promise, offer or give a bribe whetherdirectly or through a third party).
2. Receiving bribes (to request, receive or agree to receivea bribe).
3. Bribery of a foreign public official (the definition of aforeign public official covers both foreign government officialsand individuals working for internationalorganisations).
4. Failure of commercial organisations to prevent bribery (acommercial organisation may be guilty of an offence if someoneacting on its behalf commits an active offence or a publicoffence).
There is a defence open to commercial organisations facingprosecution for the fourth offence if they can show that they havein place "adequate procedures". The Ministry of Justice has issuedguidance on the concept of adequate procedures comprising six keyprinciples: proportionality; top level commitment; riskassessments; due diligence; communication; monitoring andreview.
Should you require further information on the implicationsof the Bribery Act or in updating your employment policies orprocedures please contact either Donna Ingleby, Ed Jenneson orLottie Pigg in the Employment Team on 01482 323239 or 01904625790.
This article is for general guidance only. It provides useful information in a concise form. Action should not be taken without obtaining specific legal advice.