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ARTICLE · 31 JULY 2019

The Bribery Act 2010 And The Construction Industry

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In her paper, "The Bribery Act 2010 and the construction industry (or how Max Proffit went to prison)", Laura Lintott summarises the Bribery Act 2010 (the Act) and explains the main offences, related penalties and defences.

United KingdomReal Estate and Construction

In her paper, "The Bribery Act 2010 and the construction industry (or how Max Proffit went to prison)", Laura Lintott summarises the Bribery Act 2010 (the Act) and explains the main offences, related penalties and defences. She provides a vivid illustration of how an individual/company in the construction industry can be caught under the Act in the daily running of their business.

Businesses should be aware that failing to prevent bribery is a strict liability offence. The only defence available is if the company can show that it had "adequate procedures" in place to prevent bribery (section 7 of the Act). In some prosecutions, the Crown Prosecution Service (CPS) might offer settlement to a defendant via a deferred prosecution agreement (DPA) but only if the defendant had reported the offence itself and cooperated with the enforcement authorities – and even then, that offer is discretionary.

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