The Bribery Act 2010 (the Act) came into force on 1 July this
year. Whilst the Act largely consolidates the UK's existing
bribery regime, it also extends that regime in a number of ways -
most notably with the addition of the new corporate offence of
failing to prevent bribery. This strict liability offence has
caused much controversy and, arguably, led to the delay in the
Act's implementation.
Already the first prosecution under the Act is due to be brought
next month. This case is against an individual, a court clerk
accused of accepting a bribe to perform his functions improperly.
The willingness of the DPP to use the Act so swiftly after
implementation in order to prosecute the receipt of a relatively
small sum (£500) suggests that businesses would do well to
review their commercial arrangements in order to avoid prosecution
under the Act.
