Call us today on 0141 552 9193
GLP News

News, Comment & Opinions on the latest legal stories

Glasgow Law Practice White

Practice made perfect

Bribery Act in force

The Bribery Act 2010 came into force last week, replacing the current common law and century-old statutory provisions regarding bribery and corruption. 

The Act creates offences of bribing another person and of being bribed, and creates a separate offence of bribing a foreign public official. There is a new offence of commercial organisations failing to prevent bribery by persons associated with them. The Act also makes provision for prosecution in the United Kingdom of acts of bribery committed abroad by those with a close connection to the UK.

To coincide with the implementation of the Bribery Act, and to mark the Crown’s commitment to creating a corporate culture in which bribery is not hidden, the Lord Advocate, Frank Mulholland QC, has approved an initiative for businesses to “self-report” bribery offences.

The Crown will accept reports from businesses who wish to report the discovery by them of conduct within their organisation which may amount to an offence under the Bribery Act, or under the law before 1st July. The Crown will give consideration to refraining from prosecuting the business and instead referring the case to the Civil Recovery Unit (CRU) for civil settlement.

The initiative will run for 12 months from 1 July 2011. In order to participate, businesses will require to submit a report via a solicitor to SOCD before 30th June 2012. The initiative will be reviewed at the end of the 12 month period.