No, we’re not talking about the world of cricket. The Bribery Act 2010 came into force this year and creates new offences of:
· bribing another person (S. 1)
· being bribed (S.2)
· bribing a foreign official (S. 6)
· a commercial organisation failing to prevent bribery (S. 7).
There is a maximum penalty of ten years' imprisonment or an unlimited fine for which employees, directors and commercial organisations can be liable. A commercial organisation will be guilty of an offence where it bribes someone with the intention of obtaining or retaining business or an advantage in the conduct of business. A commercial organisation can however raise a defence if it can show that it had 'adequate procedures' in place to prevent such conduct. A body corporate may be liable for the offences if the offence was committed with the consent or connivance of a senior officer of the body corporate or a person purporting to act in such a capacity.
Given the potential for an unlimited fine or ten years' imprisonment, employers would be wise to undertake a comprehensive review of their exposure to bribery now, so that they are positioned to revise their practices when the Government issues guidance on what amounts to 'adequate' anti-bribery procedures.
Probably, the response of most people reading this would be ‘chance’d be a fine thing!’ However it would be timely to review your policy for receiving and declaring gifts and hospitality, or to put one in place if you do not yet have one. This is crucial in the event that you want to raise a defence against the offence of failing to prevent bribery. If you would like any further information on this or anything else, do let us know.
James Carmody
jrc@reculversolicitors.co.uk
www.reculversolicitors.co.uk
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