The UK saw its first successful prosecution under the new Bribery Act (“the Act”) on 14 October 2011. The Act entered into force on 1 July 2011 and the Crown Prosecution Service (“CPS”) has been quick to test the new legislation. This should be interpreted as a warning by the UK prosecutors of their intentions to use the new Act aggressively. The case is also a timely reminder to companies that their procedures must be sufficiently robust to demonstrate that employees and agents have been trained and are not susceptible to requests for bribes.

Background Facts

Mr Munir Patel, acting in his capacity as an administrative clerk to a Magistrates Court, promised on 1 August 2011 an individual summonsed for a motoring offence that he (Mr Patel) could influence the course of criminal proceedings in exchange for a sum of £500. Mr Patel will be sentenced in November 2011 and faces imprisonment for a term of up to 10 years, and/or an unlimited fine. In addition, the CPS may bring confiscation or civil recovery proceedings under the Proceeds of Crime Act 2002 for the value of the bribe Mr Patel received.