News

Tuesday, 19 April 2011

Law Updates:

The UK's Bribery Bill has received Royal Assent and the UK now has a Bribery Act, arguably the toughest anti-corruption law in the world. The Act will come into force on 1st July 2011.

The Act will be welcomed internationally as a sign that the UK is toughening its fight against overseas corruption. UK companies will welcome the fact that the UK now has a consolidated and modern corruption law. However, the Act risks criminalising perfectly proper promotional expenditure by companies and further work is required in order to address this issue through Government and prosecutorial guidance before the Act comes into force.

New offences have been recognised, see below, and are seen as quite tough rules however government officials have stated that the guidance offers reassurance to businesses that "combating bribery is about common sense, not bureaucracy”:

  • offering or receiving a bribe;
  • bribery of foreign officials;
  • failure to prevent a bribe being paid (on which see below the "adequate procedures" defence)
A full copy of the Act is available at http://www.opsi.gov.uk/acts/acts2010/pdf/ukpga_20100023_en.pdf.


Sunday, 17 April 2011

April 2011 Cases:

R v Wood
Mr Wood charged with attempted murder and wounding with intent, was alleged to have stabbed his victim 6 times in the back and once in the side, causing serious life threatening wounds. The defence secured acquittals on both counts.

R v Fletcher
Charged with cultivation of Cannabis on a large scale, the client avoided a prison sentence we persuaded the court that despite the amount of drugs it was not for commercial gain.

R v Lawson
R v Clement
Both cases involved defendants found with relatively large numbers of high level indecent images of children and both faced a custodial sentence, however our argument against an immediate custodial sentence was accepted by the court.

R v Ramzi
In a high profile case a local businessman, alleged to have kidnapped a young female plying her with alcohol and drugs before raping her, was found not guilty of rape.

R v Smith
Despite strong evidence the defendant was acquitted of s.20 GBH and assault after a trial where he was alleged to have repeatedly stabbed a victim with a knife and assaulted his heavily pregnant wife. The defence had to deal with a highly charged case.