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First prosecution under the Bribery Act- 12/12/2011
A court clerk at the Magistrates’ Court is the first person to be sentenced under the new Bribery Act 2010, for taking a £500 bribe in relation to a motoring offence.
The charge was "requesting and receiving a bribe intending to improperly perform his functions". He had told an undercover journalist summonsed for the motoring offence that he could influence the proceedings against him if the journalist paid him £500, by omitting him from the relevant court database. The clerk then did so, and was sentenced to three years under the Act as a result.
In fact, he had been doing similar things for over a year, and had collected at least £20,000 in relation to some 53 traffic offences. Because of this he was also given six years for misconduct in public office, to be served concurrently. He had pleaded guilty to all charges.
Other offences in the Act create liability for businesses for the activities (or omissions) of their employees, and also for the activities of their agents and other associates, both in the UK and other parts of the world, unless ‘adequate procedures’ designed to prevent bribery by persons associated with the company are in place.
Recommendation
- Businesses should ensure that they have anti-bribery policies, supported by training and monitoring, in place to prevent employees, agents and others from creating potential liabilities for the business under the Act.
- In particular, they should ensure they have ‘adequate procedures’ to avoid liability for bribery committed by ‘associated persons’ such as employees and agents.
Fo further guidance on The Bribery Act, please contact our regulatory expert, David Campbell.