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21st century challenge

21 May 2010 / Alex H Rene , Lista M Cannon
Issue: 7418 / Categories: Features , Commercial
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Lista M Cannon & Alex H Rene assess compliance confrontations in the wake of the new Bribery Act

The Bribery Act 2010 received Royal Assent on 8 April 2010, over a century after the passing of the laws that established the UK’s framework for the prosecution of bribery and corruption offences. While the Act is expected to come into force later in 2010 (possibly October) businesses must now pay close attention to the offences created by the Act, including the new corporate offence of failing to prevent bribery, and the severe penalties that businesses and individuals may face for failure to comply with the Act.

Bribery of another person

It is an offence under the Act if one “offers, promises or gives a financial or other advantage to another person” intending that person to perform improperly a relevant function or activity. The scope for what might amount to a “financial or other advantage” is broad. A breach occurs where the bribing party knows or believes that the acceptance of the

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MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

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Freeths—Melanie Stancliffe

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Firm strengthens employment team with partner hire

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NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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