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Beware – authorities will take action against those accepting a bribe

The first Bribery Act 2010 prosecution has been confirmed – less than 3 months after the Act came in to force.
 
The prosecution relates to an allegation that court clerk Mr Munir Patel promised to keep an alleged traffic motoring offence off the legal database in return for the sum of £500.
 
In addition to being charged with other offences (including the offence of misconduct in public office and perverting the course of justice), Mr Patel has been charged with an offence contrary to section 2 of the Bribery Act for requesting and receiving a bribe.

This is the first prosecution under the Bribery Act and demonstrates the willingness of the authorities to take action under the Act.
 
Although Mr Patel is facing prosecution, it is interesting to note that there has been no suggestion of a prosecution against his employer – the Ministry of Justice – for failing to prevent bribery.  As the only defence to such an allegation is that ‘adequate procedures’ have been put in place to prevent an act of bribery occurring, it can only be assumed that the Ministry of Justice had such procedures in place.  If it hadn’t, we might very well have seen the first, corporate prosecution too, which would have been interesting considering who the employer is!
 
Penalties for a conviction under the Bribery Act include unlimited fines and up to ten years in prison, and this case is a good reminder of the fact that authorities will take action against those who do not comply with the Act. 

It is essential to ensure that you have adequate procedures in place to address bribery and the risk of corruption, so if you haven’t already addressed the Bribery Act and issues of compliance in your organisation, now is the time to do so. 
 
For further information about the Bribery Act and how you can ensure your compliance, please contact Doncaster employment law specialists Bhayani Bracewell on 01302 341414 or email hello@bhayanibracewell.co.uk www.bhayanibracewell.co.uk