First person charged under Bribery Act
A magistrates court clerk has become the first person to be charged with an offence under the Bribery Act 2011 for allegedly accepting £500 in return for keeping a motoring offence penalty off a legal database.
The Bribery Act came into force on 1 July 2011 and makes it an offence for any individual to request, agree to receive, or accept an advantage (financial or otherwise) with the intention that they or someone else perform a "relevant function or activity" improperly. Individuals convicted of such an offence can face up to 10 years' imprisonment and an unlimited fine.
The Act also imposes a form of strict liability where the commercial organisation a bribe has been made or received by an associated person performing services for or on behalf that organisation and the authorities consider that the company has failed to prevent bribery. Meaning that the clerk's employers could have faced a potential liability if they were not deemed to have adequate procedures in place.
The prosecution indicates the continuing momentum behind enforcement of the new legislation and the need for organisations to put in place appropriate policies and procedures to prevent any liability.
For more information please contact
Leah Finnegan or
Richard Cooke.
