Both regulators and prosecutors have serious ambitions to bring proceedings against bankers whose reckless or negligent conduct brings a high risk of banking collapse, or serious detriment, or reputational damage, and consequent damage to the national economy… Continue Reading
Crime and Courts Act 2013. The Schedule contains a requirement that the DPP and the Director of the SFO jointly issue a Code giving guidance for prosecutors on a number of matters, including the general principles to be applied in determining whether a DPA is likely to be appropriate in a given case.… Continue Reading
Notably, one reason suggested in the draft Code for the prosecution not entering into a DPA would be where a company had delayed in bringing the illegal conduct to the attention of the prosecuting authority… Continue Reading
Whilst attention continues to focus on the on-going absence of a corporate prosecution for bribery by the SFO, it is worth reflecting on the circumstances of the three individuals who have been convicted of offences under the Bribery Act 2010 in England:
1. Mr Patel, the court clerk.
2. Mr Mushtaq and the driving examiner.
3. Mr Li and the professor.… Continue Reading
the Director of Public Prosecutions (the DPP), Mr Keir Starmer, is developing an interim policy for prosecutors which will give them guidance as to the factors which they should take into consideration when deciding whether or not to prosecute journalists acting in the course of their work as journalists.… Continue Reading
A few days ago I was speaking at a conference on the Bribery Act and someone asked me how the Act applies to the small payments that his charity had to make in order to get the aid which the charity is distributing across a war torn country actually delivered to the people in need.… Continue Reading
We had a nice long wait for the Government's guidance but I, for one, feel that the wait wasn't really worthwhile. The Act itself is really a gold plated effort by parliament to bring our bribery laws into the 21st century, but the Guidance falls far short of the standard set by the Act.… Continue Reading