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23 September 2010 / John Benstead
Issue: 7434 / Categories: Features , Bribery , Practice areas , Commercial
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Biting the bullet

John Benstead explains why industry needs to be armed & ready for the Bribery Act

The Ministry of Justice has announced that the Bribery Act 2010 will come into force in April 2011, one year after receiving royal assent. The Act overhauls the UK’s archaic corruption laws. A new corporate offence of failing to prevent bribery is created. The Act is certain to have a profound effect on how commercial organisations conduct their operations.

Corruption is currently governed by the Prevention of Corruption Acts 1889 to 1916. Legislation passed in a different era had, by the beginning of the 21st century, become inadequate and it was generally accepted that reform was necessary. The matter was brought to a head by the Serious Fraud Office’s (SFO) controversial decision to drop its criminal investigation into BAE Saudi arms deals. That decision resulted in widespread anger and indignation throughout the global anti-corruption community. This persuaded the government to bite the bullet and reform the law. The Bribery Act 2010, now generally regarded as being one of

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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