Consultation on appropriate anti-bribery procedures
The Ministry of Justice is consulting on the procedures that
commercial organisations should put in place to prevent persons associated with
them from carrying out acts of bribery so as to be able to rely on the ‘adequate
anti-bribery procedures in place’ defence to a charge of failing to prevent
bribery.
Under the Bribery Act 2010, which comes into force in April 2011, an
organisation will be able to rely on the statutory defence to a charge of
failing to prevent bribery under S.7, if they have adequate anti-bribery
procedures in place. The Ministry is consulting
on ‘six principles for bribery prevention’ to be used as a flexible guide in
deciding on the appropriate procedures for an organisation.
(I) Risk assessment; (ii) Top level commitment; (iii) Due diligence; (iv) Clear,
Practical and Accessible Policies and Procedures; (v) Effective implementation;
and (vi) Monitoring and review. Consultation closes on 8 November 2010.
September 2010
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
