The UK Bribery Act 2010 offence of failure to prevent bribery: an assessment of the Ministry of Justice Guidance on the ‘adequate procedures’ defence from a corporate perspective

Chris Cowton; Robert Smith

The UK Bribery Act 2010 offence of failure to prevent bribery: an assessment of the Ministry of Justice Guidance on the ‘adequate procedures’ defence from a corporate perspective

Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review

Abstract

The UK Bribery Act 2010 stands out internationally as far-reaching in its scope. The Act creates the offence of failure by a commercial organisation to prevent bribery on its behalf. The offence is one of strict liability. However, if bribery does take place, the organisation has a defence if it can show that it had in place ‘adequate procedures’ designed to prevent associated persons from undertaking such conduct. Three months before the Act came into force in 2011, Ministry of Justice (MOJ) Guidance containing six principles to be followed by businesses was published by the Secretary of State. The aim of this chapter is to assess the MOJ Guidance as a source of practical guidance for companies. Having examined the Guidance and compared it with equivalents in other countries, especially the US, it is concluded that the MOJ Guidance is useful, but the advice it contains can be significantly enhanced by drawing on other sources.

Original language	English
Title of host publication	Corporate Governance, Organizational Ethics, and Prevention Strategies Against Financial Crime
Editors	M. Dion, N. Boubakri, O. Guedhami, H. Somé
Publication status	Accepted/In press - 2024

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This output contributes to the following UN Sustainable Development Goals (SDGs)

Cite this

Cowton, C., & Smith, R. (Accepted/In press). The UK Bribery Act 2010 offence of failure to prevent bribery: an assessment of the Ministry of Justice Guidance on the ‘adequate procedures’ defence from a corporate perspective. In M. Dion, N. Boubakri, O. Guedhami, & H. Somé (Eds.), Corporate Governance, Organizational Ethics, and Prevention Strategies Against Financial Crime

Cowton, Chris ; Smith, Robert. / The UK Bribery Act 2010 offence of failure to prevent bribery : an assessment of the Ministry of Justice Guidance on the ‘adequate procedures’ defence from a corporate perspective. Corporate Governance, Organizational Ethics, and Prevention Strategies Against Financial Crime . editor / M. Dion ; N. Boubakri ; O. Guedhami ; H. Somé. 2024.

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abstract = "The UK Bribery Act 2010 stands out internationally as far-reaching in its scope. The Act creates the offence of failure by a commercial organisation to prevent bribery on its behalf. The offence is one of strict liability. However, if bribery does take place, the organisation has a defence if it can show that it had in place {\textquoteleft}adequate procedures{\textquoteright} designed to prevent associated persons from undertaking such conduct. Three months before the Act came into force in 2011, Ministry of Justice (MOJ) Guidance containing six principles to be followed by businesses was published by the Secretary of State. The aim of this chapter is to assess the MOJ Guidance as a source of practical guidance for companies. Having examined the Guidance and compared it with equivalents in other countries, especially the US, it is concluded that the MOJ Guidance is useful, but the advice it contains can be significantly enhanced by drawing on other sources.",

keywords = "Adequate procedure defence, Bribery, Bribery Act 2010, Business ethics, Compliance, Ethics and compliance programmes, FCPA",

author = "Chris Cowton and Robert Smith",

year = "2024",

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editor = "M. Dion and N. Boubakri and O. Guedhami and H. Som{\'e}",

booktitle = "Corporate Governance, Organizational Ethics, and Prevention Strategies Against Financial Crime",

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The UK Bribery Act 2010 offence of failure to prevent bribery : an assessment of the Ministry of Justice Guidance on the ‘adequate procedures’ defence from a corporate perspective. / Cowton, Chris; Smith, Robert.

Corporate Governance, Organizational Ethics, and Prevention Strategies Against Financial Crime . ed. / M. Dion; N. Boubakri; O. Guedhami; H. Somé. 2024.

Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review

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