In 2010, the UK Bribery Act came into law, to improve and update the rules concerning bribery in the United Kingdom. The Act encompasses foreign bribery, to better address the needs of the OECD Convention. Currently, it is one of the strictest pieces of bribery legislation the world over. In particular, it holds partnerships and companies liable for failing to stop bribery.
Now that these laws have been introduced, the onus is on businesses to prove that their procedures are sufficient to stop bribery. Also, the Act severely penalizes individuals involved in passive and active bribery, along with corporations. The main tenets of the Act are as follows:
In contrast to past legislation, companies can be prosecuted if they fail to stop people who work on their behalf committing bribery. The only defence companies can make against this charge is to demonstrate that they have implemented the right policies to stop bribery. Also, it is against the law to offer, give or promise a bribe, and consent to accept or receive a bribe overseas or at home. Moreover, the maximum sentence for bribery has been raised to a decade in prison, with unrestricted fines.
The UK Bribery Act is hugely significant for businesses that conduct operations in the United Kingdom. It increases the liabilities of their staff and Directors. To avoid falling foul of this law, businesses have to ensure that their anti bribery measures are robust and updated.
Under Section Ten of the Act, prosecution cases can proceed, following authorization by the head of the relevant prosecution agency. This differs considerably from the previous rules, which needed the Attorney General’s agreement. Section Eleven of the Act details the punishments for people and businesses that are convicted of committing bribery offences.
If a commercial business is found guilty of failing to stop bribery, it can be punished by an unrestricted fine. Furthermore, a convicted company or individual might be given a confiscation order, in line with the 2002 Crime Proceeds Act. Company Directors who are found guilty might face disqualification, under the 1986 Company Director Disqualification Act.
Individuals who are found to have broken these rules can be fined as much as £5000, and sent to prison for as long as a year. Typically, these cases are tried as summary offences. However, people who are convicted on indictment face up to a decade in prison, and an unrestricted fine. The legislation has an almost universal jurisdiction, permitting the prosecution of companies or individuals with connections to the UK, irrespective of where the offence was committed.