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The UK Bribery Act 2010 Offence of Failure to Prevent Bribery: An Assessment of the Ministry of Justice Guidance on the ‘Adequate Procedures’ Defence from a Corporate Perspective

In: Corporate Governance, Organizational Ethics, and Prevention Strategies Against Financial Crime

Author

Listed:
  • Christopher J. Cowton

    (University of Huddersfield)

  • Robert Smith

Abstract

The UK Bribery Act 2010 stands out internationally as far reaching in its scope. The Act creates the offence of failure by a commercial organisation to prevent bribery on its behalf. The offence is one of strict liability. However, if bribery does take place, the organisation has a defence if it can show that it had in place ‘adequate procedures’ designed to prevent associated persons from undertaking such conduct. Three months before the Act came into force in 2011, Ministry of Justice (MOJ) Guidance containing six principles to be followed by businesses was published by the Secretary of State. The aim of this chapter is to assess the MOJ Guidance as a source of practical guidance for companies. Having examined the Guidance and compared it with equivalents in other countries, especially the US, it is concluded that the MOJ Guidance is useful, but the advice it contains can be significantly enhanced by drawing on other sources.

Suggested Citation

  • Christopher J. Cowton & Robert Smith, 2025. "The UK Bribery Act 2010 Offence of Failure to Prevent Bribery: An Assessment of the Ministry of Justice Guidance on the ‘Adequate Procedures’ Defence from a Corporate Perspective," CSR, Sustainability, Ethics & Governance, in: Hyacinthe Yirlier Somé & Narjess Boubakri & Omrane Guedhami (ed.), Corporate Governance, Organizational Ethics, and Prevention Strategies Against Financial Crime, pages 381-405, Springer.
    • Handle: RePEc:spr:csrchp:978-3-031-74523-2_18
    DOI: 10.1007/978-3-031-74523-2_18
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