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News - 9 September 2011

First Case under New Ant-Bribery legislation

A clerk at Redbridge magistrates' court, has been charged under Section 2 of the new legislation after allegedly "requesting and receiving a bribe intending to improperly perform his functions". The allegation came after a newspaper apparently filmed a clerk accepting £500 to alter the course of criminal proceedings relating to a motoring offence.
For an Act considered to be among the strictest anti-corruption legislation in the world, this prosecution by the Crown Prosecution Service (CPS) is a relatively anti-climactic start in life for the Act. The relative merit of this as the first case bought under the Act has received mixed reviews.

Howard Sklar, senior corporate counsel at information management firm Recommind, disagrees, saying that choosing this case as the first prosecution was an error in judgment by the CPS. Whereas Eoin O'Shea, head of the anti-corruption group at London law firm Lawrence Graham, argues that the Crown Prosecution Service (CPS) had little choice.

Lavinia Newman of ABDS says:

“Bribery can be defined as giving someone a financial or other advantage to encourage that person to perform their functions or activities improperly or to reward that person for having already done so. The size of the case has therefore no relevance to the act of soliciting and accepting a bribe.”

See also http://www.netaccountants.net/news/news.php?ID=58

If you need any help and advice on the new Bribery Act and how it can impinge on your workplace contact Lavinia Newman, Stuart Coleman or Tonmoy Kumar NOW to discuss how ABDS can help in all your business matters.

ABDS Chartered Certified Accountants of Southampton.
Tel: 023 8083 6900  E-mail: abds@netaccountants.net

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