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Bribery law reform discussed

Summary

This Consultation Paper, ‘Reforming Bribery - A Consultation Paper’ (LCCP 185), from the Law Commission looks at the law of bribery in England and Wales.

This Consultation Paper is intended to build on a previous Law Commission report on bribery and corruption 'Legislating the Criminal Code - Corruption (Item 11 of the 6th Programme of Law Reform: Criminal Law)’ (HC 524), taking into account Parliamentary and Government reactions and related international Conventions since signed by the UK.

The Paper considers the following in detail:

  • The current law
  • Previous attempts to reform the law of bribery
  • A model for bribery
  • The conduct element of the new bribery offence
  • The fault element
  • A separate offence of bribing a foreign public official
  • Defences, barriers to prosecution and ancillary matters
  • Corporate liability
  • Assisting and encouraging bribery
  • Bribery committed outside England and Wales.

Proposals include the suggestion that the law of bribery should not draw a distinction between bribery in the public sector and bribery in the private sector.

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This is a Law Commission Consultation Paper (LCCP 185).

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