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Offences for which a DPA may be entered into—checklist

Offences for which a DPA may be entered into—checklist A deferred prosecution agreement (DPA) is an agreement between an organisation and a designated prosecutor to enable the latter to defer a prosecution by staying an indictment on specific terms. No proceedings in relation to the matters covered by the DPA may be instituted against the organisation while the DPA remains in force. A DPA therefore allows a company to continue without the threat of a lengthy criminal investigation and a costly prosecution hanging over it. For detailed information on DPAs, see Practice Notes: • Deferred prosecution agreements • DPA process • Terms and content of a DPA • DPAs in practice DPA’s are only available to organisations in respect of the offences specified under the Crime and Courts Act 2013, Sch 17 (CCA 2013). The checklist below, lists the offences for which a DPA may be entered into, including common law and statutory offences. In addition to the offences below, any offence that is ancillary to those listed below,...

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Active bribery, passive bribery and bribing foreign public officials

The Bribery Act 2010 (BA 2010) criminalises:•bribing another person (active bribery)•soliciting or accepting a bribe (passive bribery)•bribing a foreign public official, and•for a business or commercial organisation only, failing to prevent briberyThe purpose of this Practice Note is to provide a general understanding of the active and passive bribery offences under BA 2010, ss 1, 2 and the offence of bribing a foreign public official under BA 2010, s 6; in short the giving or receiving of bribes. It does not provide a summary of the corporate offence of failing to prevent bribery, which is covered in Practice Note: Failing to prevent bribery.This Practice Note should be read in conjunction with Practice Note: The Bribery Act 2010—an introductory guide.BA 2010 came into force on 1 July 2011. Conduct committed before the entry into force of BA 2010 is prosecuted under the old law, see Practice Notes: Corruption and common law bribery—pre-Bribery Act 2010 [Archived] and Pre BA 2010 bribery and corruption—Practicalities [Archived].The offences are based on an improper performance test....

The Bribery Act 2010—an introductory guide

The Bribery Act 2010 (BA 2010) was passed to ensure the UK’s compliance with the Organisation for Economic Co-operation and Development's (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and came into force on 1 July 2011. It was designed to provide an effective legal framework to tackle corruption in both the public and private sectors, modernising the UK’s anti-corruption legislation and replacing the Prevention of Corruption Acts 1889–1916. For detailed guidance on historic anti-corruption law, see Practice Notes: Corruption and common law bribery—pre-Bribery Act 2010 [Archived], Pre BA 2010 bribery and corruption—Practicalities [Archived] and Pre-Bribery Act 2010 corruption—sentence tracker [Archived].BA 2010 has major implications for any business that is incorporated or trades in the UK. It applies to bribery committed by it, or on its behalf, anywhere in the world.Offences under the Bribery Act 2010BA 2010 criminalises four distinct types of conduct (offences):•bribing another person•soliciting or accepting a bribe•bribing a foreign public official, and•(for a business only) failing to prevent briberyCommon to each of...

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Anti-bribery and corruption—agents and intermediaries policy

Anti-bribery and corruption—agents and intermediaries policy 1 Introduction 1.1 We run our business[es] with integrity. All of us must work together to ensure our business[es] [remains OR remain] untainted by bribery and corruption[ and other financial crime, eg facilitation of tax evasion]. This policy is integral to that effort and we are all bound by it. 1.2 This policy covers the use of agents and intermediaries who help with our business. It sets out the due diligence steps required before and during the engagement of an agent or intermediary to ensure the use of such an agent or intermediary does not improperly affect our business. 1.3 This policy sits alongside and should be read in conjunction with our [insert, eg Anti-bribery and corruption policy], which can be found [insert location or link to your overarching ABC policy]. 1.4 What is an agent or intermediary? 1.4.1 Agents and intermediaries are third parties engaged to provide services for or on behalf of [insert organisation’s name] or represent our...

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On a relevant transfer under TUPE 2006, does the transferor’s liability for failing to prevent bribery, to the extent that it is not criminal liability, transfer to the transferee?

On a relevant transfer under TUPE 2006, does the transferor’s liability for failing to prevent bribery, to the extent that it is not criminal liability, transfer to the transferee? Bribery Act 2010 The Bribery Act 2010 sets out four offences: • bribing another person (also known as active bribery) • soliciting or accepting a bribe (also known as passive bribery) • bribing a foreign public official, and • failure of a commercial organisation to prevent bribery by an 'associated person' for its benefit For further information, see Practice Note: Bribery Act 2010: essentials for employment lawyers. The first three offences above apply to individuals and companies. The offence of failure to prevent bribery applies only to relevant commercial organisations. For information on the offence of failing to prevent bribery, see Practice Note: Bribery Act 2010: essentials for employment lawyers—Failure of commercial organisations to prevent bribery. See the Serious Fraud Office (SFO) Guidance on adequate procedures facilitation payments and business expenditure and the following documents (referred to in...

Should I set de minimis values in my corporate hospitality and gifts policies?

Should I set de minimis values in my corporate hospitality and gifts policies? De minimis non curat lex means ‘the law cares not for small things’. But the Bribery Act 2010 (BA 2010) demonstrates that this may not be true. BA 2010 came into force on 1 July 2011. It consolidated and replaced outdated bribery and corruption laws. It was a response to criticisms of the UK regime from the Organisation for Economic Co-operation and Development (OECD). BA 2010 reflects the government’s zero tolerance to bribery in UK trade. It’s short (just 20 sections and 2 schedules), but it has wide jurisdictional scope, creates broad criminal offences and applies to individuals and corporations in both the private and public sectors. Matthew Vernon of Osborne Clarke considers the key challenges and concerns for firms in relation to corporate hospitality and gifts and sets out what firms might expect from the Serious Fraud Office (SFO). Failing to prevent bribery The three key offences in BA 2010 are...

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Key takeaways from proposed EU anticorruption directive

Law360, London: In May 2023, the European Commission submitted a proposal for an expansive directive on combating corruption.

Question of the week: Should I set de minimis values in my corporate hospitality and gifts policies?

This Q&A, produced in partnership with Matthew Vernon, leading financial crime barrister, considers whether firms should set de minimis values in corporate hospitality and gifts policies.