Corruption Definition

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What does Corruption mean?

'Corruptly' means purposely doing an act which the law forbids as tending to corrupt.

Any improper and unauthorised gift, payment or other inducement that is given in connection with the recipient's office or duties will be likely to be caught. The Prevention of Corruption Acts 1889 – 1916 have been repealed and replaced by the Bribery Act 2010.

View the related checklists about Corruption

Sentencing Guidelines for Corporate offenders—Money laundering checklist

Sentencing Guidelines for Corporate offenders—Money laundering checklist This Checklist summarises the Sentencing Council’s guidelines for money laundering offences committed by a corporate (Money Laundering Guidelines). The Money Laundering Guidelines can be accessed here: • Magistrates’ Court Sentencing Guideline—Corporate offenders: fraud, bribery and money laundering—for use in cases involving corporates being sentenced in the magistrates’ court • Crown Court Sentencing Guideline—Corporate offenders: fraud, bribery and money laundering—for use in cases involving corporates being sentenced in the Crown Court The Sentencing Council also publishes a number of overarching guidelines, which should be considered in respect of all sentencing exercises. These include: • Totality guideline (Crown Court) • Totality guideline (magistrates’ court) • General guideline—overarching principles (Crown Court) • General guideline—overarching principles (magistrates’ court) • Reduction in sentence for a guilty plea (Crown Court) • Reduction in sentence for a guilty plea (magistrates’ court) For more information, see Practice Note: Sentences imposed following conviction. Among these overarching guidelines, the General guideline: overarching principles (the General guideline) is specifically designed...

Case management in the magistrates’ court—checklist

Case management in the magistrates’ court—checklist This Checklist should be read in conjunction with Practice Note: Case management in the magistrates’ courts. Prior to getting to court Note that certain criminal cases are managed via Common Platform (the digital case management system for the magistrates’ court). In these cases, the Initial Details of the Prosecution Case (IDPC) and other case material will be served and accessed online through Common Platform. Case progression, including completing the Preparation for Effective Trial form (PET form) and serving any applications, will also be conducted through Common Platform. For more information, see Practice Note: How to use Common Platform and the Digital Case System. Requesting the Initial Details of the Prosecution Case • defence advocates should obtain the Initial Details of the Prosecution Case (IDPC) by emailing, telephoning or writing to the relevant contact at the Crown Prosecution Service (CPS). The contact details are published on the website for the relevant district of the CPS. The following information is usually required for IDPC requests: ◦...

The regulation of sanctions—flowchart

The regulation of sanctions—flowchart This Flowchart highlights the enforcement bodies which have responsibility for enforcing UN and UK sanctions under the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018) in the UK. This flowchart should be read in conjunction with the following Practice Notes: The UK sanctions framework under SAMLA 2018 and The enforcement of financial sanctions breaches in the UK. In this flowchart, the following bodies and abbreviations are referenced: • Foreign, Commonwealth & Development Office (FCDO) • HM Treasury (HMT)

Anti-bribery and corruption—agent/intermediary due diligence flowchart

Anti-bribery and corruption—agent/intermediary due diligence flowchart This Flowchart can be used as a guide for staff involved in the anti-bribery and corruption due diligence process for appointing or monitoring agent or intermediary relationships. It should be used in conjunction with Precedents: Anti-bribery and corruption—agents and intermediaries policy, Financial crime prevention—evaluation and authorisation of an agent/intermediary arrangement and Financial crime prevention—agent/intermediary red flags guide. Notes Fatal v non-fatal red flags There are some factors involved in an agent or intermediary relationship which raise a higher probability of improper conduct on their part. Non-fatal red flags are those factors which may be resolved with additional due diligence (see below). Fatal red flags are so serious and pose so high a risk that

Indicators of corruption—checklist

Businesses and their employees must be alert to indicators of corruption. The following checklist identifies indicators of corruption which would normally give rise to an escalated investigation.•In the course of contract negotiations, or during the completion of a previous contract, consider whether there are any unusual payment mechanisms. These may include:◦attempted changes to agreed terms, such as requests for payments to be made urgently and/or ahead of schedule◦a request for cash payment◦payments being made through a third party country or to a shell company in another country◦an abnormally high commission being paid to a particular agency◦requests for payments to be split into two accounts for the same agent, particularly where the two accounts are in different countries◦the payment of high-value expenses (such as expensive restaurant bills), or non-business expenses (such as school fees) on behalf of others•Have there been private meetings with public contractors or companies/public bodies hoping to tender for contracts?•Has the business partner/agent been reluctant to have representatives of your company present at such meetings?•Have lavish gifts or...

The Bribery Act 2010—an introductory guide

The Bribery Act 2010 (BA 2010) was passed to ensure the UK’s compliance with the Organisation for Economic Co-operation and Development's (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and came into force on 1 July 2011. It was designed to provide an effective legal framework to tackle corruption in both the public and private sectors, modernising the UK’s anti-corruption legislation and replacing the Prevention of Corruption Acts 1889–1916. For detailed guidance on historic anti-corruption law, see Practice Notes: Corruption and common law bribery—pre-Bribery Act 2010 [Archived], Pre BA 2010 bribery and corruption—Practicalities [Archived] and Pre-Bribery Act 2010 corruption—sentence tracker [Archived].BA 2010 has major implications for any business that is incorporated or trades in the UK. It applies to bribery committed by it, or on its behalf, anywhere in the world.Offences under the Bribery Act 2010BA 2010 criminalises four distinct types of conduct (offences):•bribing another person•soliciting or accepting a bribe•bribing a foreign public official, and•(for a business only) failing to prevent briberyCommon to each of...

Discover our 523 Practice Notes on Corruption

Anti-bribery clause (short form)—construction contracts

Anti-bribery 1 Bribery Laws means the Bribery Act 2010 [and all other applicable UK legislation, regulations and codes in relation to bribery or corruption] [and any similar or equivalent legislation in any

Accounts procedures for fee earners and support staff 2011 [Archived]

Accounts procedures for fee earners and support staff 2011 [Archived] 1 This document sets out our [accounting OR finance] systems and controls for fee earners and support staff. 2 Basic principles 2.1 We have an overriding duty to protect client money and assets. 2.2 To ensure compliance with this duty and with the SRA Accounts Rules 2011 (the rules), all fee earners and support staff must comply with the systems and procedures set out in this document. 3 Accounts department 3.1 The [Accounts OR Finance] department is located at [insert location, eg office if you have more than one office or location within your office] and is led by [insert name and/or title], [who is also the firm’s Compliance Officer for Finance and Administration (COFA)]. 3.2 [insert any other information regarding the structure of your accounts departments, eg if you have different teams for different functions]. 4 Accounts system 4.1 We have a central accounting [and time recording] system called [insert name...

Dive into our 315 Precedents related to Corruption

Am I allowed to pay or receive a commission under anti-bribery legislation?

Am I allowed to pay or receive a commission under anti-bribery legislation? Please note, this Q&A only considers UK bribery legislation. Payment of commissions We refer you to Practice Note: How to identify when a commission might become a bribe, which outlines how all commissions constitute the giving of a financial advantage, although they will not necessarily be bribes. The Bribery Act 2010 (BA 2010) has a broad interpretation of what may constitute a bribe. It is described as a 'financial or other advantage' given or received in a business context, which constitutes or induces the improper performance of a relevant function or activity. Performance will be ‘improper’ if it breaches a relevant expectation of good faith or impartiality. The general offences under the BA 2010 therefore will often capture the payment of commission, though this will vary among industry. For example, in the art market, a common practice has been the payment of commission to intermediaries owing a duty of trust to an art collector in...

Can I take on a non-sanctioned client from a country subject to financial sanctions, eg Russia—law firms?

Can I take on a non-sanctioned client from a country subject to financial sanctions, eg Russia—law firms? This Q&A considers the issues arising for law firms in relation to taking on a client from a country subject to sanctions, eg Russia where the client is not themselves designated as a sanctions target under the UK sanctions regime. This Q&A does not consider obligations under the anti-money laundering (AML), counter-terrorist financing (CTF) and counter-proliferation financing regime. Financial sanctions Sanctions are international measures aimed at: • encouraging a change in the behaviour of a particular country or regime • applying pressure on particular countries or regimes to comply with certain objectives • preventing and suppressing terrorist financing They are also used as a last resort enforcement tool when international peace and security has been threatened. See Practice Note: Understanding the financial sanctions regime for a full explanation of the sanctions regime. There is no legal requirement to screen for sanctions at client inception. However, whenever you take on a new client,...

See the 36 Q&As about Corruption

New pilot Domestic Corruption Unit established

The Home Office, in collaboration with the City of London Police, has announced the establishment of a new pilot Domestic Corruption Unit. Dan Jarvis, the Security Minister, who announced the new unit while speaking at the UK Finance Economic Crime Congress, has said that currently ‘UK law enforcement doesn’t have the capacity to uncover and investigate cases’ and that this unit will bring departments together, enhance their capabilities and provide insights on the threats.

Arbitration weekly highlights—12 December 2024

This week's edition of Arbitration weekly highlights includes: a decision from the English Commercial Court concerning whether a clause constituted an arbitration agreement or not, coverage of arbitration-related decisions from Malaysia, Singapore and India and updates from UNCITRAL, LCIA, SIAC, HKIAC, JCAA, ICC, ITA, IEL. and BCLP publishing its 2024 International Arbitration Survey. All this, and more in our weekly highlights.

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