In December 2014, the Serious Fraud Office (the SFO) secured landmark convictions in two separate cases: its first convictions against individuals under the Bribery Act 2010 (the Bribery Act) and its first conviction against a corporation after a trial for offences under the Prevention of Corruption Act 1906 (PCA). Previous convictions against corporations for bribery offences had been secured via guilty pleas (Mabey & Johnson in 20093 and Innospec Limited in 20104). The key points arising from these convictions are:

• The SFO will prosecute for bribery that has taken place overseas, and will (successfully) prosecute a corporation for a bribery offence.

• Interaction with public officials in regions with a high perception of corruption (here, Africa) presents significant risks.

• UK individuals and corporates are at risk for bribery involving third-party agents, despite the agent in one of these cases being acquitted.

• The conviction of corporates for agents’ activities may be significantly easier under the failure to prevent bribery offence in Section 7 of the Bribery Act for activities post-dating 1 July 2011.