UK Bribery Act surprises legal world with first
prosecution
Employment Law & HR update 21/10/2011
Last week, a magistrates clerk became the first person to be
convicted under the UK's new Bribery Act.
Munir Patel appeared at Southwark Crown Court late last week,
admitting one count of bribery and misconduct for his part in
agreeing to accept a bribe worth £500 to avoid entering the details
of a traffic summons onto the court's database.
As a result of his crime, Patel now faces a prison sentence of
up to ten years.
However, following the hearing, which marked a watershed in the
UK's anti-bribery legislation, legal experts are concerned that
some of the issues relating to businesses and bribery have yet to
be addressed.
Partner and Head of Fraud at Eversheds, Neill Blundell, said,
“We have been waiting for the first successful prosecution under
the Bribery Act, but it is a surprise that the first to be brought
before a court is an individual for a relatively minor
infringement."
“The prosecution has nothing to do with the much talked about
and debated corporate offence of ‘failing to prevent bribery’ and
the defence of ‘adequate procedures,'” said Mr Blundell.
The expert went on to say that, whilst many had anticipated that
the Serious Fraud Office would be keen to prosecute a firm in order
to publicise its anti-corruption message, it 'had been beaten by
the Crown Prosecution Service with their targeting of an
individual.'
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