Hugh James warns businesses to take heed of Bribery Act following first prosecution

The Crown Prosecution Service has confirmed that it is to bring the first prosecution under the new Act against an administrative clerk at Redbridge Magistrates’ Court.

A reporter for the Sun newspaper secretly filmed Mr Munir Patel allegedly accepting £500 to prevent a motoring offence from being registered on a legal database.

Mr Patel had already been charged with misconduct in a public office and perverting the course of justice.

In addition he will now be prosecuted under section 2 (1) of the Bribery Act after the CPS decided that there was enough evidence to charge him with requesting and receiving a bribe on 1st August 2011 whilst intending to improperly perform his functions.

He will appear at Southwark Crown Court in south London on 14 October.

Under the Bribery Act individuals risk a maximum sentence of 10 years for paying or receiving bribes under the Act, while organisations can receive fines for failing to prevent bribery (even those with no headquarters in the UK).

Any organisation that falls foul of the legislation could also face a permanent ban from tendering for government contracts across the European Union.

Guidance was published by the UK Government in March 2011 with the intention of explaining to organisations how to avoid falling foul of the Act 

Whilst this was not the large scale corporate prosecution that was widely anticipated prior to the commencement of the Act on 1st July 2011 it serves as a warning shot that the Crown Prosecution Service are prepared to prosecute the additional offences created by the Act.

Should you or your organisation require any assistance in relation to the Bribery Act, Hugh James can offer training to board members, staff and a review of current procedures for compliance.