The Bribery Act 2010 was introduced into UK law with cross-party support in Parliament, after literally decades of domestic debate and discussion and amid international pressure to update and improve previous 19th century legislation on bribery and corruption. For a time it appeared that little was being done to give full effect to enforcement of the new law, but now a number of successful prosecutions have been brought, including the first under the new head of “failing to prevent “ bribery.
At the same time a new regime has been introduced (with effect from 2014) for Deferred Prosecution Agreements. These follow some aspects of US practice in offering possible defendants in bribery and other cases of economic crime the opportunity to settle proceedings with prosecuting authorities before a full trial is heard, on the basis of those “defendants” being required to make potentially substantial payments being made in lieu of a trial.
In addition, consideration has been given to extending the “failure to prevent” offence to matters outside the realms of bribery.
The topics covered by this webinar will include:
- The “general” offences recognised under the Bribery Act, including the “failure to prevent” offence
- The defences available to a company charged with “failing to prevent” bribery, and the procedures which can and should be adopted by companies in order to be able to avail themselves of such a defence
- An examination of the formal Ministry of Justice guidelines relating to such defences and procedures
- The introduction of Deferred Prosecution Agreements, the manner of their implementation (including a review of prosecution guidelines issued by the SFO in this connection) and the criticisms made of these developments
- Recent cases and decisions under both the Bribery Act and the Deferred Prosecution Agreement Regulations
- The consideration being given by the UK Government to the extension of possible “failure to prevent” offences
- 1 hours
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