Bribery
Viewing notes:
If you experience problems with audio levels, the volume can be adjusted on the video player. Alternatively, use of headphones should increase the volume output. Subtitles are also available, and a PDF of the full transcript can be found to the right of the video under Resources.
Overview
The above video provides a summary of the key elements of anti-bribery legislation of which staff need to be aware.
It supplements the University's anti-bribery policy, which can be found here, along with a list of other relevant policies. Further useful information and downloadable resources can also be found on the right hand side of this page.
Content and Aims
Focus
This briefing, on key legislation such as the Bribery Act 2010 and some illustrative case law, is provided by Neil McInnes, a practising lawyer who specialises in corporate criminal investigations.
The Bribery Act 2010
The focus of the Bribery Act is the way in which an institution can be held liable for the actions of its employees and associates. However, it is important to note that individual prosecutions can also be brought against the employees themselves under the Bribery Act.
The Court Room Scenario
In the Podbriefing, a court room scenario depicts the prosecution of Mr Pryce, a procurement manager from the fictional Oldtown University. Mr Pryce's indifference to anti-bribery procedures leads to ignorance of the issues present in his business dealings, and ultimately to the commission of an offence under the Act.
Furthermore, while the scenario depicted is fictional, the outcome and the principles that it relies upon are based on the facts of real cases.
Relevant Cases
6 Year Sentence for Court Clerk
The first conviction under the Bribery Act in November 2011 saw a court clerk sentenced to 6 years in prison for accepting bribes of up to £500 in exchange for helping more than 50 offenders avoid prosecution for driving offences. His sentence was later reduced to 4 years on appeal.
Source and full news article can be found here.
12 Month Sentence for University of Bath Student
A recent case in the Higher Education sector involved a Master's student from the University of Bath who was convicted in April 2013 of attempting to bribe his tutor with £5,000 in exchange for a pass in his dissertation.
The student was also convicted of possessing an imitation firearm.
He was jailed for 12 months for the bribery offence, 6 months for the firearms offence and was ordered to pay nearly £5,000 in costs.
It is of note that the bribery offence carried the harsher penalty.
Source and full news article can be found here.