| Synopsis: |
The current statutory criminal law of bribery is functional and cases are prosecuted successfully but it is old and anachronistic. It has never been consolidated and there are inconsistencies of language and concepts between the various provisions, as well as a small number of potentially significant gaps in the law. The result is a bribery law that is difficult for the public to understand and difficult for prosecutors and the courts to apply. This draft legislation, "Bribery: Draft Legislation (Cm. 7570)", follows the Law Commission's Consultation Paper ("Reforming Bribery - A Consultation Paper", ISBN 9780118404457) and final report ("Reforming Bribery (HC 928)", ISBN 9780102958164), both of which are available to purchase below. The purpose of the draft Bill is to reform the criminal law of bribery to provide for a new consolidated scheme of bribery offenses to cover bribery both in this country and abroad. The Bill replaces the offenses at common law and under the Prevention of Corruption Acts 1889 to 1916 with two general offenses covering: the offer, promise and giving of an advantage; or the request, agreeing to receive or acceptance of an advantage.The Bill also creates a discrete offense of bribery of a foreign public official and a new offense of negligent failure of commercial organizations to prevent bribery. The other main provisions of the Bill include: extra-territorial jurisdiction to prosecute bribery committed abroad by persons ordinarily resident in the UK as well as UK nationals, and UK corporate bodies; replacing the existing requirement for the Attorney General's consent to prosecute a bribery offense; and, a maximum penalty of 10 years imprisonment for all new offenses, save the corporate offense, which will carry an unlimited fine. |