An administrative clerk at Redbridge Magistrates’ Court, London, is the first person to be charged under the Bribery Act 2010. The Act came into force in July, after previous anti-corruption laws had been criticised as being too complicated and for not giving a clear definition of what constitutes bribery.
Munir Patel has been charged with breaching Section 2 of the Act the Crown Prosecution Service have said. Under section 2 it is an offence if a person requests, agrees to receive or accepts an advantage, financial or otherwise, with the intention that they or someone else perform a ‘relevant function or activity improperly.’
The maximum penalty for individuals under the new Act found guilty of bribery is 10 years imprisonment and an unlimited fine. The reviewing lawyer for the CPS Special Crime and Counter Terrorism Division said that it was ‘alleged that Patel promised an individual who had been summonsed for a motoring offence, that he could influence the course of criminal proceedings in exchange for £500.’ Patel has already been charged with misconduct in public office and perverting the course of justice. The CPS said he is till facing these charges ‘which relate to other alleged misconduct during his employment.’
Court action can only be brought for offences under this Act if they are approved by the Director of Public Prosecutions (DPP) or the Director of the Serious Fraud Office (SFO).
The Bribery Act provides that companies can be found responsible for bribery carried out employees without its knowledge or consent. It creates a new offence of failure to prevent bribery by people working for or on behalf of the business, but companies can avoid liability if they show that they had ‘adequate procedures’ designed to prevent bribery in place.
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