Bribery Act guidance
Wednesday, July 6, 2011 at 1:18 PM 
Contact: Dinesh Raja, Managing PartnerThe Bribery Act 2010 came into force on 1 July 2011.
Section 7 of the Act makes it an offence for a commercial organisation to fail to prevent bribery.
A business can provide a defence by showing that it had in place adequate procedures to prevent bribery from taking place, however, and the guidance details the approach that should be taken when implementing such procedures.
The overriding point is that these should be proportionate in view of the likelihood of bribery occurring, which will depend on the size of the business and the countries and markets in which it operates.
Section 14 of the Act provides that where an offence is committed with the consent or connivance of a senior officer of an organisation, that person (as well as the body corporate or partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.
Under section 11 of the Act, the maximum penalty for individuals is 10 years’ imprisonment or an unlimited fine, or both. The maximum penalty for commercial organisations is an unlimited fine.
For information on your responsibilities under the Act, see the quick-start guide on the Ministry of Justice website or contact Dinesh Raja on 020 8221 8080 or e-mail dinesh.raja@bowlinglaw.co.uk.
