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First person is charged under new UK bribery laws, prosecutors say


A court clerk is the first person to be charged with an offence under new UK bribery laws, prosecutors have said.

Munir Yakub Patel has been charged with breaching Section 2 of the Bribery Act (Act), the Crown Prosecution Service (CPS) has said. The Act came into force on 1 July. Previous anti-corruption laws were criticised as being too complicated and for not giving a clear enough definition of what constitutes bribery.

Under section two of the Act 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.

Under the Act, the maximum penalty for individuals found guilty of bribery is 10 years' imprisonment and an unlimited fine.

Patel, who was employed as an administrative clerk at Redbridge Magistrates’ Court in London, is charged with "requesting and receiving a bribe intending to improperly perform his functions," the CPS said.

"It is alleged that Patel promised an individual summonsed for a motoring offence that he could influence the course of criminal proceedings in exchange for £500, on 1 August 2011," Gaon Hart, reviewing lawyer for the CPS Special Crime and Counter Terrorism Division, said in a statement.

“I am satisfied there is sufficient evidence to charge Munir Patel with requesting and receiving a bribe on 1 August 2011 intending to improperly perform his functions. Patel has already been charged with misconduct in public office and perverting the course of justice. He still faces these charges, which relate to other alleged misconduct during his employment,” Hart said.

Hart said the Director of Public Prosecutions (DPP) had "consented" to the charge being brought against Patel. Court action in England and Wales can only be brought for offences under the Act if they are approved by the DPP or the Director of the Serious Fraud Office (SFO).

The SFO is an independent Government department that investigates and prosecutes serious or complex fraud and corruption and is the lead agency for investigating and prosecuting offences under the Bribery Act.

Anti-corruption law expert Barry Vitou of Pinsent Masons, the law firm behind Out-Law.com, said that the case will put pressure on the activities of the SFO. Vitou said he anticipates the CPS will focus on domestic bribery investigations and the SFO on serious fraud and overseas non-compliance with the Act, but said that nevertheless the SFO will be expected to deliver fast results.

"This case, which has been brought by the CPS, will increase pressure on the SFO to act sooner rather than later," Vitou said.

The Act provides that companies can be found responsible for bribery carried out by its employees without its knowledge or consent. It creates a new offence of failure to prevent bribery by people working for or on behalf of a business, but companies can escape liability if they show that they have 'adequate procedures' designed to prevent bribery in place.

In addition to creating new obligations for companies to have anti-corruption policies in place, the Act also creates the offence of bribing a foreign public official, even if that person has demanded a bribe.

UK companies and partnerships could be breaking the law no matter where the alleged acts of bribery take place. Foreign companies which operate in the UK could also face prosecution regardless of where the alleged bribery has taken place, unless the suspect activities are permitted locally.

A company could also be liable for the actions of associated people, which the Act lists as including recruitment firms, commercial agents, partners, consultants and subcontractors.

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