First conviction under the Bribery Act 2010.

A former court clerk has been prosecuted and convicted under the Bribery Act 2010; the first conviction of its kind since the Act came into force on 1 July 2011.

The first prosecution and conviction under the Bribery Act 2010 has taken place. A former magistrates' court clerk was prosecuted under section 2 for accepting a bribe with the intention of improperly performing his functions. In this case, he had accepted £500 in exchange for omitting to record a traffic offence.

Under section 11(1), an individual guilty of an offence under section 2 is liable on conviction on indictment to a maximum of ten years' imprisonment, a fine or both. Sentencing will occur on 11 November.

The Act came into force on 1 July 2011 with the intention of modernising and simplifying the law on bribery, to allow prosecutors and the courts to deal with it more effectively.

Commercial organisations need to assess whether they have adequate procedures to ensure that they are not involved in bribery and corruption so that they do not incur liability under the Bribery Act 2010. It is widely accepted that corruption causes poverty and suffering, inhibits economic growth, damages business both financially and in relation to reputation and may result in criminal and civil liability and penalties for organisations and individuals.

Most major companies already have in place an anti-corruption policy that should be reviewed regularly to ensure that it is fit for purpose.

The purpose of a systematic anti-corruption policy is to:
• Prevent corruption, by having adequate anti-corruption procedures.
• Monitor and identify corruption.
• Respond appropriately if corruption is uncovered by disciplining staff, reviewing procedures and avoiding or mitigating criminal liability.
Such policy should apply to the company and its employees as well as its dealings with business partners and other parties.

Anti-corruption policies will vary depending on the:
• Size of the company.
• Value of transactions.
• Sectors and jurisdictions in which the company operates.
• Perception of risk.
Although the commercial risk may be lower if the value of transaction is lower, the criminal risk will remain the same.

Alex Jones, a specialist Employment Law Solicitor and Partner with Quality Solicitors Howlett Clarke of Brighton, comments as follows, “When the Bribery Act had just come into place on 1st July 2011, experts warned that its impact should not be underestimated. Already people are feeling its effects and employers need to make sure that their employees are alive to the possible breaches of the Act. It is important that employers protect their businesses by having adequate procedures, including policies and training in place to make clear to employees what is permitted and not permitted under the Act”.