This paper describes the guidance which has been furnished to corporations to assist them to instantiate adequate procedures for the purposes of the corporate “failure to prevent” offence offence under Bribery Act 2010 section 7. It regards the new offence as embodying
a shift in the principal response to the threat of bribery from the reactive use of the criminal justice system to the proactive use of mechanisms of corporate governance. So long as appropriate safeguards are in place, this is a welcome development.
Law and Financial Markets Review is a new, independent, English language journal devoted to providing high quality information, comment and analysis for lawyers specialising in banking and financial market issues and to others with interests in legal and regulatory developments affecting the financial markets. Published bi-monthly LFMR contains articles written by leading experts providing a forum for practical guidance on, as well as reflective and topical analysis of, all major jurisdictions, with a particular focus on the interaction between the law and market practice and behaviour.