Guidance on preventing bribery (Bribery Act 2010)January 2011
On 14 September 2010 The Ministry of Justice (“MOJ”) released a ‘Consultation on guidance about commercial organisations preventing bribery.' The consultation closed for public comment on 8 November 2010, with final guidance to be published early in 2011. The draft Guidance produced by the MOJ is not as extensive or definitive as many would have hoped for, particularly given the uncertainty that exists over how commercial organisations will be able to rely on the defence under Section 7 of the Bribery Act 2010 that they had “adequate procedures” to prevent bribery. It is however what many expected. So, what does the MOJ's draft Guidance say commercial organisations need to do to establish “adequate procedures”?
Michael Archer of Beale and Company outlines the principles which may provide organisations a defence against a charge of failing to prevent bribery under Section 7 of the Act.
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