Bribery Act 2010

Attorney-General written question – answered on 17th November 2010.

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Photo of John Pugh John Pugh Liberal Democrat, Southport

To ask the Attorney-General what assessment he has made of the use of the adequate procedures defence under the provisions of the Bribery Act 2010 by local government or NHS bodies.

Photo of Dominic Grieve Dominic Grieve The Attorney-General

The Bribery Act 2010 will come into force in April 2011. Joint legal guidance for prosecutors in the Crown Prosecution Service (CPS) and the Serious Fraud Office (SFO) is currently being prepared. This guidance will address how the adequate procedures defence should be approached by prosecutors when it is raised. Prosecutors will also take into account the guidance on adequate procedures which will be issued by the Secretary of State for Justice as required by section 9 of the Act. The defence of adequate procedures applies to 'relevant commercial organisations' as defined under section 7 of the Act; whether any particular body falls within this definition will be considered on the facts in individual cases.

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