Ruling On Historic Foreign Corruption May Have Implications For Other Pending SFO Cases

In a judgment on 15 January 2016, the Court of Appeal found that, prior to 14 February 2002, it was an offence to corrupt an agent of a foreign principal or foreign body. This is significant as it may have consequences for a number of the SFO's other pending corruption cases.

Background

The case involved allegations that a UK company and two individuals associated with it were involved in paying bribes and arranging false consultancy agreements between June 2000 and November 2006 to secure various transport contracts in India, Poland and/or Tunisia. As such, the accused were charged with offences under s.1 Prevention of Corruption Act 1906 (the "1906 Act").

However, the accused submitted at a preliminary hearing that, prior to 14 February 2002 when the Anti-Terrorism, Crime and Security Act 2001 (the "2001 Act") came into force, no offence could be committed under the 1906 Act in circumstances where the bribes targeted the agent of a foreign principal, even