Abstract
After a preliminary historical overview of the common law framework as it existed before the adoption of the Bribery Act 2010 and in particular, of the general principles that were utilized in order to ascertain corporate liability, the chapter analyzes this latter statute and the three new offenses provided by it: “active” bribery, “passive” bribery, and bribery of a foreign public official. In addition, the chapter provides a comprehensive outline of the corporate failure offense established by section 7 of the Act, highlighting its strengths and weaknesses, and emphasizing the problems related to the identification of the relevant activities for which commercial organizations could be considered responsible under the Act, and the unclarity of the term “carrying on business” as provided by section 12. Finally the chapter addresses issues related to enforcement procedures, such as the evidential and the public interest thresholds, and concurrent jurisdictions.
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Notes
- 1.
Interpretation Acts have since 1827 stated that, in the absence of contrary intention, the word “person” includes corporations; see current Interpretation Act 1978 c. 30. Courts in fact were generous in finding contrary intention and rarely did so when the offense required proof of fault.
- 2.
The fault element for active bribery is satisfied by proof of intention to induce a person to perform improperly a relevant function or activity (as defined in s. 3) or knowledge or belief that acceptance of the advantage would constitute an improper performance (s. 1(2) and s. (3)).
- 3.
They can also be prosecuted summarily when the penalties would be subject to the statutory maxima, s. 11(1).
- 4.
See Bribery Act 2010 Guidance, gov.uk, para. 36, http://www.justice.gov.uk/legislation/bribery, accessed 15 July 2013.
- 5.
Bribery Act 2010 Guidance, paras. 37–43.
- 6.
Bribery Act 2010 Guidance, para. 42
- 7.
The Court of Appeal case of Fradley [2005] EWCA Civ 1183 was cited in support of this interpretation. http://www.bailii.org/ew/cases/EWCA/Civ/2005/1183.html, accessed 23 October 2013.
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Wells, C. (2014). Corporate Responsibility and Compliance Programs in the United Kingdom. In: Manacorda, S., Centonze, F., Forti, G. (eds) Preventing Corporate Corruption. Springer, Cham. https://doi.org/10.1007/978-3-319-04480-4_25
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