Bribery Law
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What is Bribery Law?
Bribery law is covered by the Bribery Act 2010 and is a complete reworking of the old bribery legislation, both from statute and common law, by setting out four offences that can be committed by both individuals and corporate defendants. It came into force on 1st July 2011.
The purpose of the Bribery Act is to encourage companies to ensure and demonstrate that they have adequate procedures in place to prevent any breaches of bribery legislation. As well as this, the Act has penalties in place for individuals or companies that partake in bribery.
Acts of bribery are defined under four main offences:
- Active bribery (the offering, promising, and giving of a bribe)
- Passive bribery (the requesting, agreeing to receive, or accepting of a bribe)
- A discrete offence of the bribery of a foreign public official
- A new offence of failure by a commercial organisation to prevent a bribe from being paid to obtain or retain business or a business advantage
Being found in breach of the Bribery Act 2010 could result in criminal prosecution, an unlimited fine and up to 10 years’ imprisonment, applicable to the directors of a company, as well as the company itself.
Why Choose St Pauls Bribery and Corruption Lawyers
Bribery lawyers at St Pauls Chambers are well versed in bribery legislation and anti-bribery policy. Our expert bribery and corruption lawyers have experience with:
- Bribery and corruption cases
- Advising internal corporate investigations
- The self-report processes
- Assistance with the serious fraud investigation
- Negotiation and conclusion of a Deferred Prosecution Agreement (DPA)
- The monitoring of compliance with the terms of a DPA
St Pauls Chambers corruption barristers are highly proficient in complex bribery and corruption law cases and have represented in notable cases. In July 2019, John Harrison KC made legal history by securing the first-ever bribery law acquittal for a client following a Deferred Prosecution Agreement (DPA).
St Pauls’ bribery lawyers understand bribery and corruption investigations can have serious reputational and financial repercussions for individuals and companies involved. The experience of our corruption and bribery lawyers transcends a wide area of expertise to provide all levels of advice and advocacy. At St Pauls, not only do you benefit from the experience of our expert barristers, but the knowledge and experience of all of our supporting members.
St Pauls Chambers have been fortunate enough to have received instructions in this new area of bribery law and corruption and, as far as we are aware, are the only set outside of London to have done so. If your client is being investigated for bribery or corruption, please contact our expert bribery and corruption lawyers, who have navigated complex cases of this nature.
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How Does Bribery Law Work?
Guidance on how Bribery Act offences should be approached by the Crown Prosecution Service (CPS) are set out within their document, The Bribery Act 2010: Joint Prosecution Guidance (The Bribery Act Guidance).
Those considering the first step in the process of a self-report should consider the SFO’s Guidance on Corporate Self-Reporting. This should be done promptly and as part of a proactive corporate management approach when offending is first discovered.
Guidance on whether a DPA will be appropriate requires the consideration of three Crown Prosecution Service (CPS) documents:
- The Code for Crown Prosecutors
- The Joint Prosecution Guidance on Corporate Prosecutions
- The Bribery Guidance
The SFO and CPS have produced the DPA Code of Practice, which provides a framework for those negotiating, applying for and monitoring a DPA.
There are some cases where a bribery legislation offence occurs as a single isolated incident on behalf of an organisation.
An important adjunct to the Bribery Act is the emergence of Deferred Prosecution Agreements (DPA), Schedule 17 CCA 2013. This area of law, within England and Wales, has changed the focus of case settlement from civil to criminal sanction and the deferment of any prosecution. This is an exciting and interesting area of law for bribery and corruption lawyers and is also of enormous significance for corporates.
Bribery Prevention Procedures
Bribery prevention procedures are particularly important in bribery law cases where an organisation has self-referred a breach of bribery legislation to prosecution authorities. When the official criminal proceedings take place for the incident, the organisation’s cooperation will be taken into account.
Section 7 of the Bribery Act works to demonstrate that an organisation has adequate bribery legislation and prevention procedures in place, recognising that bribery cannot be prevented at all times, even if there is a prevention scheme in place. This defence acts as a motivation for organisations to ensure that relevant procedures are in place.
The Bribery Act describes six principles that should inform an organisation wishing to prevent bribery from being committed on their behalf:
- Proportionate procedures
- Top-level commitment
- Risk assessment
- Due diligence
- Communication (includes training)
- Monitoring and review
Compliance with The Bribery Act
Compliance with the Act, even in international areas of dubious commercial integrity, will be possible if the entity involved has acted proportionally. However, the extent or reach of the Act must be considered.
An employee, or agent, contractor, supplier and joint-venture partner of the organisation involved can act to incur criminal liability on the organisation itself. The widespread use of small ‘facilitation payments’ in many jurisdictions may also expose the organisation to criminal liability under the Act. However, prosecutorial discretion is expected to allow for such small payments in parts of the world where they are culturally ingrained. This is subject to the attitude of the commercial organisation concerned with the implementation of other suggested measures required by the Act.
Bribery Legislation Advice
If you have been involved in bribery or corruption, seeking expert legal advice from an experienced corruption lawyer and bribery lawyer is vital. Please contact our team of corruption barristers today for more information.
